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WYSOWATCKY v. FRANCIS

No. 70-644, (Supreme Court No. 23876.)

483 P.2d 1353 (1971)

Andrew WYSOWATCKY, as Conservator for the Estate of Katherine Louise Pratt, aka Katharine McKenzie Pratt, Ward, Cynthia McKenzie Webber, aka Cynthia Isabel McKenzie, Alwilda Church McKenzie, aka Alwilda C. McKenzie, Margery McKenzie Brown, aka Margery McKenzie Hover and Margery Virginia McKenzie, Neil D. McKenzie, aka Neil Donald McKenzie, individually and as attorney-in-fact for Katharine McKenzie Pratt, Cynthia McKenzie Webber, Alwilda Church McKenzie, and Margery McKenzie Brown, and Fletcher M. Brown, Plaintiffs in Error, v. William H. FRANCIS, Jr., Defendant in Error.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 6, 1971.

Attorney(s) appearing for the Case

Meer & Wolf, John B. Carraher, Albert B. Wolf, Denver, for plaintiffs in error.

Davis, Graham & Stubbs, John M. Sayre, Denver, for defendant in error.

Not Selected for Official Publication.

PIERCE, Judge.

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

The parties appear here in reverse of their order of appearance below and will be referred to as they appeared at trial or by name.

This is an action by plaintiff for a declaratory judgment that an option agreement...

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