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SAKAL v. DONNELLY

No. 70-482.

494 P.2d 1316 (1972)

Raymonda SAKAL, Plaintiff-Appellee, v. James E. DONNELLY, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 15, 1972.

Attorney(s) appearing for the Case

Meer & Wolf, Albert B. Wolf, Denver, for plaintiff-appellee.

Saunders, Dickson, Snyder & Ross, P. C., Glenn G. Saunders, John M. Dickson, Denver, for defendant-appellant.

Selected for Official Publication.

ENOCH, Judge.

This appeal concerns a claim for the balance due and related relief upon a promissory note executed by James Oxandaburu and payable to his sister, Mrs. Sakal, the plaintiff-appellee. Sakal's complaint alleged defendant-appellant, James Donnelly, assumed and agreed to pay the note which at the time of the assumption had a balance due of $3,400. Donnelly's answer admitted

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