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FARMERS ACCEPTANCE CORPORATION v. DeLOZIER

No. 23672.

496 P.2d 1016 (1972)

FARMERS ACCEPTANCE CORPORATION, Plaintiff in Error, v. Howard K. DeLOZIER, d/b/a Howard K. DeLozier Construction Co., Defendant in Error.

Supreme Court of Colorado, En Banc.

May 15, 1972.

Attorney(s) appearing for the Case

Phelps, Fonda, Hays, Farley, Abram & Shaw, Donald E. Abram, Pueblo, for plaintiff in error.

Warberg & Mast, Sonja E. Warberg, Fort Collins, for defendant in error.

ERICKSON, Justice.

This writ of error arises out of a complaint filed by a materialman, Ladd Lumber Company, against a general contractor, Howard K. DeLozier, to recover the cost of materials which were supplied to John Diviney, a subcontractor of DeLozier. A third-party complaint was filed by DeLozier against Farmers Acceptance Corporation (hereinafter referred to as "FAC"), the assignee of Diviney's rights under the DeLozier-Diviney contract. DeLozier thereby sought...

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