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TORBIT v. GRIFFITH

No. 75-425.

550 P.2d 350 (1976)

Claude TORBIT and Mary J. Torbit, Plaintiffs-Appellants, v. Fred GRIFFITH and Elsie Griffith, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 15, 1976.

Certiorari Denied June 7, 1976.

Attorney(s) appearing for the Case

Agee, Ewing & Goldstein, Peter A. Goldstein, Colorado Springs, for plaintiffs-appellants.

Mack Witty, Salida, for defendants-appellees.

Selected for Official Publication.

VanCISE, Judge.

On September 25, 1974, the Torbits instituted this action against the Griffiths for damages based on alleged misrepresentations during negotiations preceding the purchase of a Salida motel by the Torbits. The trial court granted the Griffiths' motion to dismiss on the ground that the Torbits' were precluded by C.R.C.P. 13(a) from maintaining this separate action since they had failed to raise this fraud claim...

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