WINTER LIVESTOCK COMMISSION CO. v. NOLL

No. 70-456.

489 P.2d 1067 (1971)

WINTER LIVESTOCK COMMISSION CO., Plaintiff-Appellant, v. LeRoy NOLL d. b. a. Limon Livestock Sales Co. and Limon Livestock Sales Co., Defendant-Appellee.

Colorado Court of Appeals, Div. II.

October 13, 1971.


Attorney(s) appearing for the Case

Mitchell & Babcock, Rocky Ford, for plaintiff-appellant.

Robert J. Safranek, Limon, for defendant-appellee.


Selected for Official Publication.

COYTE, Judge.

This is an appeal from a summary judgment entered in defendant's favor based upon stipulated facts. Plaintiff was the operator of a sales yard which sold thirty-three head of consigned cattle to one Alton Friend. It delivered the cattle and a purchase statement marked "Paid in Full" to Friend, who had paid for the cattle by giving plaintiff a check for $4,024.26. Friend then consigned the animals to the defendant...

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