TELL v. McELROY

No. 76-684.

566 P.2d 374 (1977)

Elaine M. TELL, Plaintiff-Appellant, v. Joe McELROY and Della M. McElroy, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

June 16, 1977.


Attorney(s) appearing for the Case

Victor F. Crepeau, H. William Huseby, Denver, for plaintiff-appellant.

Ronald A. White, James S. MacDonald, Aurora, for defendants-appellees.


STERNBERG, Judge.

Plaintiff, Elaine Tell, assignee of a promissory note, sued defendants, Joe and Della M. McElroy. After two continuances initiated by Tell and agreed to by the McElroys, trial was set for April 21, 1976. On that date, Tell's attorney requested and was granted a continuance based on the assertion that Tell was out of town as a result of her mother being ill. Later, the attorney discovered that, in fact, Tell was in Denver on the trial date, and he...

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