CITY OF COLORADO SPRINGS v. LATHAM

No. 21270.

414 P.2d 110 (1966)

CITY OF COLORADO SPRINGS, a Municipal Corporation, Plaintiff in Error, v. Albert LATHAM, Jr., Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 31, 1966.


Attorney(s) appearing for the Case

F. T. Henry, Louis Johnson, Colorado Springs, for plaintiff in error.

Thomas K. Hudson, Alice Loveland, Denver, for defendant in error.


SCHAUER, Justice.

Defendant in Error, hereinafter referred to as plaintiff or by name, obtained a judgment in the trial court against plaintiff in error, hereinafter referred to as the City.

Plaintiff's action was based upon a written contract between the parties, dated November 10, 1947, by the terms of which the plaintiff, referred to as the owner, agreed to sell to the city, and the city agreed to purchase from the plaintiff, "* * * all of the water, water...

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