MONOD v. FUTURA, INC.

No. 10007.

415 F.2d 1170 (1969)

Gerard M. MONOD and Alys Monod, Appellants, v. FUTURA, INC., a Delaware Corporation, Highlands, Inc., a Colorado Corporation, and Whipple Van Ness Jones, Appellees.

United States Court of Appeals Tenth Circuit.

September 26, 1969.


Attorney(s) appearing for the Case

Morton Zeppelin of Paul, Weinshienk, Zeppelin & Miller, Denver, Colo., for appellants.

D. Monte Pascoe, Denver, Colo., (Ireland, Stapleton, Pryor & Holmes and Stanley M. Lipnick, Denver, Colo., on the brief) for appellees.

Before HILL and HOLLOWAY, Circuit Judges, and BRATTON, District Judge.


HILL, Circuit Judge.

This diversity litigation arises from two real estate transactions between appellants Monods and appellees. In a trial to the court, without a jury, the court, after making findings of fact and conclusions of law, entered a judgment dismissing the complaint and the action.

In the trial, Monods, as plaintiffs, urged four claims for relief, including damages for fraud and deceit, rescission and cancellation, and restitution,

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