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POWER EQUIPMENT COMPANY v. FULTON

No. 72-355.

513 P.2d 234 (1973)

POWER EQUIPMENT COMPANY, a Colorado corporation, Plaintiff-Appellant, v. John S. FULTON, d/b/a J. S. Fulton Concrete, Defendant and Third Party Plaintiff-Appellee, v. ALLIS-CHALMERS MFG. CO., Third-Party Defendant-Appellant.

Colorado Court of Appeals, Div. I.

August 8, 1973.

Attorney(s) appearing for the Case

Dayton Denious, Edward T. Able, Jr., Denver, for plaintiff-appellant and third party defendant-appellant.

Kane, Donley & Wills, Hayden Kane, Colorado Springs, for defendant and third party plaintiff-appellee.

Selected for Official Publication.

PIERCE, Judge.

John S. Fulton, doing business as J. S. Fulton Concrete, purchased an Allis Chalmers portable rock crusher from Power Equipment Co. When Fulton defaulted in payment on the installment contract, Power Equipment Co. filed this action to recover the unpaid balance of the purchase price. Fulton denied liability, counterclaimed against Power Equipment Co., and filed a third-party complaint against Allis Chalmers...

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