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ADEN v. ESTATE OF HATHAWAY

No. 22272.

427 P.2d 333 (1967)

Paul B. ADEN and Luise L. Aden, Plaintiffs in Error, v. ESTATE of Walter E. HATHAWAY, Deceased, and Kathryn E. Hathaway, Executrix, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 29, 1967.

Attorney(s) appearing for the Case

Gerald A. Kay, Denver, for plaintiffs in error.

Rodden, Cooper, Woods & Mitchell, and Clyde J. Cooper, Jr., Denver, for defendants in error.

MOORE, Chief Justice.

Plaintiffs in error, hereinafter referred to as the Adens, were the lessees of real estate commonly known and described in the written lease as 2625 East Third Avenue in Denver, Colorado. It actually consisted of an area which had a 35 foot frontage on East Third Avenue.

The lessor was Walter E. Hathaway, now deceased. The lease contained, inter alia, the following provision:

"4. It is agreed that if the Lessor wishes...

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