OPPERMAN v. HERBERTSON

No. 21833.

437 P.2d 66 (1968)

James OPPERMAN and Donna Opperman, Plaintiffs in Error, v. Fred HERBERTSON and Robert Herbertson, Individually, and doing business as Herbertson Sand and Gravel Company, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied February 26, 1968.


Attorney(s) appearing for the Case

Tinsley, Alperstein, Frantz & Plaut, Lakewood, for plaintiffs in error.

Leland S. Huttner, Stephen T. Susman, Denver, for defendants in error.


SUTTON, Justice.

We shall refer to the parties as they appeared in the trial court where plaintiffs in error were plaintiffs and defendants in error were defendants.

Plaintiffs' complaint sought damages in the trial court. It alleged in substance that they had contracted with Jess Dunbar, doing business as Jess's Concrete, for Dunbar to furnish concrete for the foundation and basement walls of a new house being constructed by plaintiffs in Jefferson County...

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