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CARY v. BORDEN COMPANY

No. 20048.

386 P.2d 585 (1963)

Robert J. CARY, Plaintiff In Error, v. The BORDEN COMPANY, a corporation, Carlson-Frink Company, a corp., the First National Bank of Denver, a corporation, Individually, and as Executor of the Estate of Frank W. Adams, et al., Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied November 26, 1963.

Attorney(s) appearing for the Case

William A. Black, Denver, for plaintiff in error.

Holme, Roberts, More & Owen, Donald C. McKinlay, Joseph W. Morrisey, Jr., Denver, for defendant in error, Borden Co.

Hughes & Dorsey, Raymond B. Danks, Thomas Keely, Denver, for defendants in error, Carlson-Frink Co., a corp., First Nat. Bank of Denver, a corp., individually and as exr. of Estate of Frank W. Adams, and others.

FRANTZ, Chief Justice.

Cary filed a complaint in three counts. In substance he alleged that The Borden Company was searching for a dairy which it could purchase, and pervading the three counts is the central theme that he rendered services in this respect, thereby aiding The Borden Company in the acquisition of Carlson-Frink Company located in Denver, Colorado.

His first claim is based upon an oral contract that for such services he was to be paid a 5% commission...

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