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HARRIS v. PAVLAKIS

No. 20374.

393 P.2d 735 (1964)

Harry HARRIS, Plaintiff in Error, v. Emanuel G. PAVLAKIS and Arnold H. Tietze, Defendants in Error.

Supreme Court of Colorado. In Department.

As Modified on Denial of Rehearing July 27, 1964.

Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, Fred A. Deering, Jr., Denver, for plaintiff in error.

Creamer & Creamer, Denver, for defendants in error.

SUTTON, Justice.

This writ of error involves the propriety of the granting of a motion to dismiss at the conclusion of Harris' evidence in a trial to the court. Harris, as plaintiff in error, alleges that the court: "granted defendant's Motion to Dismiss without making findings of fact or conclusions of law, either oral or written" as required by R.C.P.Colo.Rules 41 (b) (1) and 52(a), the latter as interpreted in our opinion in Mowry v. Jackson, 140 Colo. 197,

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