PRINGLE, Chief Justice.
The plaintiffs in error, W. C. Mizar and Donald Nealley, were the plaintiffs in the trial court and will be referred to as such. The defendant in error, John W. Jones, was the defendant in the trial court and will be referred to as such.
The plaintiffs brought this action seeking damages and rescission of a contract into which they had entered with the defendant. The defendant's motion, under Rule 41(b) (1), R.C.P. Colo., to dismiss...
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