SOUTHWESTERN MOTELS, INC. v. ROLLNICK STORIES, INC.

No. 20645.

402 P.2d 632 (1965)

SOUTHWESTERN MOTELS, INC., a Colorado corporation, Harold A. Messer and Freda A. Messer, Plaintiffs in Error, v. ROLLNICK STORES, INC., a Colorado corporation, A. C. Rollnick, Phillip J. Rollnick and Norman J. Gray, Defendants in Error.

Supreme Court of Colorado, In Department.

May 24, 1965.


Attorney(s) appearing for the Case

Samuel J. Eaton, Denver, for plaintiffs in error.

Fred L. Schwartz, Robert Meer, Denver, for defendants in error.


DAY, Justice.

Plaintiffs in error, as plaintiffs in the trial court, filed an action in which they sought to have a warranty deed executed by them and given to the defendants declared to be a mortgage.

Plaintiffs were operators of a motel in Trinidad and encountered financial difficulties which resulted in a receiver being appointed to operate the motel business and a foreclosure suit being instituted against the motel property. They had tried unsuccessfully...

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