RUHTER v. LATHAM

No. 19806.

375 P.2d 676 (1962)

Paul H. RUHTER, Plaintiff in Error, v. Albert LATHAM, Jr., Oscar Weiss, and T. A. Roller, Trustee, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied November 19, 1962.


Attorney(s) appearing for the Case

J. F. Little, David C. Little, Denver, for plaintiff in error.

Clarence W. Button, Alice Loveland, Denver, for defendants in error.


SUTTON, Justice.

Ruhter, plaintiff in the trial court, by his complaint sought to establish a one-third interest as a partner or joint venturer in certain unpatented lode and placer claims. He also sought an accounting of proceeds received by defendants Latham and Weiss when Latham sold the properties in dispute to T. A. Roller, a trustee for certain purchasers.

The complaint alleged in some detail an asserted verbal agreement under which Ruhter was to prospect...

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