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GIFFORD-HILL & COMPANY, INC. v. WAGNER

No. 72-192.

509 P.2d 322 (1973)

GIFFORD-HILL & COMPANY, INC., Plaintiff-Appellee, v. M. Donald WAGNER, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

April 17, 1973.

Attorney(s) appearing for the Case

Ireland, Stapleton, Pryor & Holmes, P. C., William G. Imig, Denver, for plaintiff-appellee.

Alfred A. Johnson, Fort Collins, for defendant-appellant.

Selected for Official Publication.

DWYER, Judge.

Plaintiff's complaint for recovery of money alleged to be due from defendant stated a claim on an account and, alternatively, a claim for goods sold and delivered. Defendant's answer contained a denial of the allegations of the complaint, an affirmative defense that plaintiff had breached the contract of sale on which plaintiff's claim was based, and a counterclaim for damages for the alleged breach.

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