BERNKLAU v. STEVENS

No. 19608.

371 P.2d 765 (1962)

Frank W. BERNKLAU and Edna A. Bernklau, Plaintiffs in Error, v. Walter J. STEVENS, Defendant in Error.

Supreme Court of Colorado. In Department.

May 21, 1962.


Attorney(s) appearing for the Case

Wm. Atha Mason, Rifle, for plaintiffs in error.

Reams, Lorig & Uhrlaub, Grand Junction, for defendant in error.


SUTTON, Justice.

The parties will be referred to as they appeared in the trial court where plaintiffs in error were defendants and defendant in error was plaintiff.

This action was commenced by plaintiff in order to obtain a money judgment for default on a promissory note and to foreclose on a deed of trust. The answer interposed the defense of tender of payment, and a counterclaim alleged breach of various covenants contained in a warranty deed which was...

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