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HOUY v. DAVIS OIL COMPANY

No. 23450.

486 P.2d 18 (1971)

Carl A. HOUY, as Trustee of the Estate of Aspen Drilling Company, Bankrupt, Plaintiff in Error, v. DAVIS OIL COMPANY, partnership consisting of Jack Davis, Marvin Davis and Jean Davis, Defendant in Error.

Supreme Court of Colorado, In Department.

June 21, 1971.

Attorney(s) appearing for the Case

Thomas J. Kerwin, Denver, for plaintiff in error.

Anthony F. Zarlengo, Howard M. Kirshbaum, Denver, for defendant in error.

ERICKSON, Justice.

Carl A. Houy, Trustee in Bankruptcy for the Aspen Drilling Company, brought suit against the Davis Oil Company to recover sums which were allegedly due the Aspen Drilling Company on two drilling contracts. The Aspen Drilling Company, while in financial straits, contracted to drill two oil wells for the Davis Oil Company. Although the wells were not commenced within the time specified in the drilling contracts, the two wells were drilled to total...

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