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CENTRAL MORTGAGE & INVESTMENT COMPANY v. DOWNEY

No. 22980.

442 P.2d 427 (1968)

CENTRAL MORTGAGE & INVESTMENT COMPANY, Plaintiff in Error, v. Donald D. DOWNEY, doing business as Three D Construction Company; the Travelers Indemnity Company; Lorraine A. Downey; Benbow Heating & Plumbing Co.; John E. Bowman; Mayfield Engineering Co., Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied July 22, 1968.

Attorney(s) appearing for the Case

Phelps, Hall & Keller, Denver, Tullis, Laura & James, Colorado Springs, for plaintiff in error.

Morton McGinley, Horn, Anderson & Johnson, Colorado Springs, for defendants in error.

Moyers & Dunlap, Colorado Springs, for defendant Benbow Heating & Plumbing Co.

HODGES, Justice.

This writ of error stems from a controversy between Donald D. Downey, a general building contractor, and Central Mortgage and Investment Company, which contracted with Downey for the construction of an office building in Colorado Springs. The building was completed by Downey. When the time came for final payment, there was a dispute as to the balance which Downey claimed was due and owing on the contract; for extras as required by the final plans...

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