BROWN v. SCHUMANN

No. 76-762.

575 P.2d 443 (1978)

Hobart B. BROWN, Evelyn I. Brown, d/b/a Brown Sand and Gravel, Plaintiffs-Appellees, v. Richard SCHUMANN, d/b/a Schumann Concrete, Craig Schumann, Defendants, and Capp Homes, Inc., Garnishee-Appellant.

Colorado Court of Appeals, Div. II.

January 26, 1978.


Attorney(s) appearing for the Case

Walrod & Wall, Alvin R. Wall, Holyoke, for plaintiffs-appellees.

Wells, Love & Scoby, Terry W. Scoby, Boulder, for garnishee-appellant.


SMITH, Judge.

Garnishee, Capp Homes, Inc., appeals a judgment entered against it under C.R.C.P. 103, in the amount of $2,604. We reverse.

The appellant made a loan to Donald and Linda Koester, which was secured by a deed of trust on the Koester property. The loan proceeds were to be disbursed to the Koesters in increments, as they incurred expenses for the construction of their home on the secured property. The Koesters engaged a contractor, Schumann Concrete...

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