GARRETT v. OSBORN

No. 21687.

431 P.2d 1012 (1967)

John M. GARRETT, Plaintiff in Error, v. William S. OSBORN, Mrs. Carl R. Osborn, aka Zoe Osborn, Lida M. Osborn, Osborn Land and Cattle Co., a Colorado corporation, and O. G. Cattle Co., a partnership in which John M. Garrett, William S. Osborn, and Mrs. Carl R. Osborn do business as copartners, Defendants in Error.

Supreme Court of Colorado, In Department.

October 2, 1967.


Attorney(s) appearing for the Case

Calkins, Kramer, Grimshaw & Carpenter, Richard L. Harring, Denver, for plaintiff in error.

Young & Young, Colorado Springs, for defendants in error.


MOORE, Chief Justice.

Plaintiff in error Garrett was the plaintiff in the trial court, and the defendants in error occupy the same relative position they now have in this court. The trial was to the court without a jury.

Garrett sought to recover a balance of $37,000 he claimed to be due from the total of $72,000 he had advanced and paid to the individuals, the corporation, and the copartnership named as defendants, some of whom by counterclaim demanded general...

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