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DAVIS v. COLORADO KENWORTH CORPORATION

No. 20573.

396 P.2d 958 (1964)

Robert Vance DAVIS, a mental incompetent, by Margaret Davis, his wife and next friend, Plaintiff in Error, v. The COLORADO KENWORTH CORPORATION, a Colorado corporation, Montgomery Ward, Inc., a foreign corporation, Colorado Utility Trailer Sales Corporation, a Colorado corporation, Ben A. Lucero, Dolores M. Lucero, and Flood and Peterson, Inc., a Colorado corporation, Defendants in Error.

Supreme Court of Colorado. In Department.

November 30, 1964.

Attorney(s) appearing for the Case

A. H. Hitchcock, Michael T. Vaggalis, Denver, for plaintiff in error.

Grant, Shafroth, Toll & McHendrie, Peter J. Crouse, Denver, for defendant in error Colorado Kenworth Corp.

Hughes & Dorsey, Edward B. Close, Jr., Denver, for defendant in error Montgomery Ward, Inc.

Comstock & Comstock, Denver, for defendant in error Colorado Utility Trailer Sales Corp.

DAY, Justice.

We will refer to the parties by name.

Davis, a mental incompetent, filed suit through his wife as next friend, seeking money judgments against the following: Against Colorado Kenworth Corporation in the amount of $9,058.90 paid on a contract to purchase a Kenworth Tractor for a total price of $15,000.00, plus financing fees; against Colorado Utility Trailer Sales Corporation in the amount of $8,693.75...

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