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FOSTER LUMBER CO., INC. v. WESTON CONSTRUCTORS, INC.

No. 73-142.

521 P.2d 1294 (1974)

FOSTER LUMBER COMPANY, INC., a Colorado corporation, Plaintiff-Appellant, v. WESTON CONSTRUCTORS, INC., a California corporation, et al., Defendants-Appellees.

Colorado Court of Appeals, Div. II.

April 9, 1974.

Attorney(s) appearing for the Case

David C. Wells, Boulder, for plaintiff-appellant.

Karowsky, Witwer & Oldenburg, Charles A. Karowsky, Greeley, for defendants-appellees Daniel R. Ponton, Darpo Constr.

Robert N. Miller, Dist. Atty., William G. Arries, Arthur P. Roy, Deputy Dist. Attys., Greeley, for defendant-appellee Walter L. Bain.

Selected for Official Publication.

ENOCH, Judge.

Foster Lumber Company (Foster) appeals from a judgment dismissing both claims in its complaint: The first, a claim for the amount due on a note secured by deed of trust, and the second, an action under C.R.C.P. 106 to compel defendant Bain as public trustee to conduct a foreclosure sale pursuant to the terms of the deed of trust. We affirm the result.

In 1969 Foster conveyed real property to defendant...

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