AUSTIN v. ORANGE

No. 73-255.

528 P.2d 959 (1974)

Cleone M. AUSTIN, Plaintiff-Appellee, v. Donald C. ORANGE, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 30, 1974.

Certiorari Denied December 23, 1974.


Attorney(s) appearing for the Case

Ashen & Fogel, George T. Ashen, John F. Griebel, Denver, for plaintiff-appellee.

Richard L. Whitworth, Wheat Ridge, for defendant-appellant.


Not Selected for Official Publication.

SMITH, Judge.

Plaintiff (seller) sued defendant (buyer) on a $1000 check made by buyer to the seller as payee. Buyer answered denying that the check was intended to operate as a negotiable instrument and counterclaimed alleging breach of the contract which gave rise to the check. The trial court entered judgment for the seller for the amount of the check and dismissed buyer's counterclaim.

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