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WESTERN FEDERAL SAV. & L. v. NATIONAL HOMES CORP.

No. 21888.

445 P.2d 892 (1968)

WESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION OF DENVER, Plaintiff in Error, v. NATIONAL HOMES CORPORATION, Defendant in Error.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 28, 1968.

Attorney(s) appearing for the Case

Hiester, Tanner & Clanahan, Charles B. Lindley, Dawson, Nagel, Sherman & Howard, Winston S. Howard, James L. Cunningham, Denver, for plaintiff in error.

Gorsuch, Kirgis, Campbell, Walker & Grover, Charles E. Rhyne, Richard B. Harvey, Denver, for defendant in error.

GROVES, Justice.

The plaintiff in error, referred to as "Western," brought an action against the defendant in error, referred to as "National," in which it sought a decree determining that mechanics' liens asserted by National were released by lien waivers which National had delivered to Western prior to the filing of the liens. The trial court held that the lien waivers were not supported by consideration; that failure to...

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