APEX INVESTMENTS, INC. v. PEOPLES BANK OF AURORA

No. 21765.

430 P.2d 613 (1967)

APEX INVESTMENTS, INC., W.Bonner Brice and Lacleta Brice, Plaintiffs in Error, v. PEOPLES BANK OF AURORA, COLORADO, Archie K. Babson and Lillian M. Babson, Defendants in Error.

Supreme Court of Colorado, En Banc.

July 31, 1967.


Attorney(s) appearing for the Case

Modesitt & Shaw, Rodney O. McWhinney, Denver, for plaintiffs in error.

Sanford B. Hertz, Nathan Davidovich, Denver, for defendants in error Archie K. Babson and Lillian M. Babson.

Leslie A. Gifford, Aurora, for defendants in error, Peoples Bank of Aurora, Colo.


DAY, Justice.

Because it no longer requires citation of authority for the proposition that all matters well-pleaded in a complaint are taken to be true, the sole question presented on this writ of error is whether the claim of the plaintiffs in error, as set out in five different counts in the complaint, was vulnerable to a motion to dismiss. The trial court ruled that the plaintiffs in error, plaintiffs below, failed to state a claim upon which relief could be granted...

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