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AETNA CASUALTY AND SURETY COMPANY v. CHISMAN

No. 73-348.

528 P.2d 1317 (1974)

AETNA CASUALTY AND SURETY COMPANY, a Connecticut Corporation, Plaintiff-Appellee, v. Keith Edward CHISMAN and Clifford E. Hollandsworth, co-partners d/b/a Chisman's Trailer and Motor Sales, Defendants, and Clifford E. Hollandsworth, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

November 26, 1974.

Attorney(s) appearing for the Case

James S. Bertagnolli, Colorado Springs, for plaintiff-appellee.

B. J. O'Leary, Colorado Springs, for defendant-appellant.

Not Selected for Official Publication.

PIERCE, Judge.

By an opinion announced October 30, 1974, we reversed the judgment of the trial court in this case. At that time, the record did not include a stipulation of facts and our opinion was based entirely upon the inadequacy of the record to sustain the trial court's award of summary judgment to plaintiff. With the approval of the trial court, the parties agreed that the facts as set forth in the appellate brief...

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