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SOUTHWESTERN SUPPLY COMPANY v. ROSTEK

No. 71-057. (Supreme Court No. 24348.)

484 P.2d 1250 (1971)

SOUTHWESTERN SUPPLY COMPANY, a Colorado corporation, Plaintiff in Error, v. Shirley L. ROSTEK, as Administratrix of the Estate of John E. Rostek, Deceased, Defendant in Error.

Colorado Court of Appeals, Div. II.

April 27, 1971.

Attorney(s) appearing for the Case

Fischer & Wilmarth, Gene E. Fischer, Elery Wilmarth, Timothy W. Hasler, Fort Collins, for plaintiff in error.

Alden T. Hill, Alden V. Hill, Richard B. Manges, Fort Collins, for defendant in error.

Not Selected for Official Publication.

ENOCH, Judge.

This case was transferred from the Supreme Court pursuant to statute.

This is a suit on an assigned debt. The parties appear in the same order as in the trial court. Rostek died after the trial and his administratrix has been substituted in this appeal.

During 1967, Rostek, d/b/a Rostek Construction Co., was building a motel in Alamosa, Colorado. Howard, d/b/a Northern Plumbing & Heating...

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