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MacDONALD EQUIPMENT CO. v. McMILLON CONSTRUCTION CO

No. 70-356. (Supreme Court No. 23153.)

480 P.2d 589 (1971)

MacDONALD EQUIPMENT COMPANY, a Colorado corporation, Plaintiff in Error, v. McMILLON CONSTRUCTION COMPANY, a Colorado corporation, Defendant in Error.

Colorado Court of Appeals, Division II.

Rehearing Denied January 12, 1971.

Attorney(s) appearing for the Case

Francis X. Wallace, Arlen S. Ambrose, Denver, for plaintiff in error.

William H. Prendergast, Denver, Sonheim, Whitworth & Helm, Richard L. Whitworth, Arvada, for defendant in error.

Not Selected for Official Publication.

ENOCH, Judge.

This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.

This is a contract action arising out of an agreement entered into on January 10, 1959, whereby MacDonald Equipment Co. (Equipment Co.) agreed to sell and McMillon Construction Co. (Construction Co.) agreed to buy a rock crushing...

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