VON EHRENKROOK v. MIDLAND FED. SAV. & LOAN

No. 27928.

585 P.2d 589 (1978)

Bernard VON EHRENKROOK and Bernice Von Ehrenkrook, Plaintiffs-Appellants, v. MIDLAND FEDERAL SAVINGS AND LOAN ASSOCIATION and Jo L. Fleming as the Public Trustee of the County of Arapahoe, State of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

August 21, 1978.


Attorney(s) appearing for the Case

Pferdesteller, Vondy, Horton & Worth, P. C., Fred W. Vondy, Denver, for plaintiffs-appellants.

Fairfield & Woods, Denver, for defendants-appellees.

Calkins, Kramer, Grimshaw & Harring, Victor L. Wallace, II, James S. Bailey, Denver, for amicus curiae Sav. & Loan League of Colo.


PRINGLE, Chief Justice.

Appellants, Bernard and Bernice Von Ehrenkrook, commenced an action against Midland Federal Savings and Loan Association alleging that Midland violated section 38-30-165, C.R.S.1973 (1977 Supp.), by increasing the interest rate on a loan secured by a deed of trust which the Von Ehrenkrooks assumed and agreed to pay upon purchase of the property which was the subject of the trust deed. Midland filed...

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