BARNETT v. CLOUSE

No. 21739.

448 P.2d 959 (1969)

Donald A. BARNETT and Dorothy E. Barnett, Plaintiffs in Error, v. H. L. CLOUSE, d/b/a H. L. Clouse Construction Co., Columbine Mortgage Co., a Colorado corporation, Joseph J. Martin, Eileen Gregory and Helen Bush, Public Trustee in and for the County of Jefferson, State of Colorado, Defendants in Error. Donald A. BARNETT and Dorothy E. Barnett, Plaintiffs in Error, v. Eileen GREGORY and Helen Bush, as Public Trustee in and for the County of Jefferson, State of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

January 13, 1969.


Attorney(s) appearing for the Case

Victor E. DeMouth, Bailey Belfor, Golden, for plaintiffs in error.

Sidney Biderman, David Manter, George S. Fuller, Denver, Ryan, Sayre, Martin & Brotzman, James G. Martin, Boulder, for defendants in error.


HODGES, Justice.

Plaintiffs in error, who were plaintiffs below and will hereafter be so designated, have sued out writs of error from judgments of dismissal in these two consolidated cases. This litigation arises out of a dispute concerning the building of a house and centers about plaintiffs' note which they executed to the builder in partial payment for the house and lot.

The court is confronted with a record which...

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