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J. E. MARTIN, INC. v. INTERSTATE 8TH ST.

No. 77-503.

585 P.2d 299 (1978)

J. E. MARTIN, INC., Plaintiff-Appellant, v. INTERSTATE 8TH STREET, a partnership, and R. D. Von Engeln, a General Partner, Defendants-Appellees.

Colorado Court of Appeals, Division III.

Rehearing Denied August 3, 1978.

Certiorari Denied October 10, 1978.

Attorney(s) appearing for the Case

Agee, Ewing & Goldstein, Peter A. Goldstein, Colorado Springs, for plaintiff-appellant.

William H. Kirkman, Colorado Springs, for defendants-appellees.

SMITH, Judge.

Plaintiff, J. E. Martin, Inc. (Martin) seeks review of a judgment dismissing its action for breach of a lease against defendant, R. D. Von Engeln, as a general partner of Interstate 8th Street, a limited partnership (8th Street). We affirm the dismissal.

On July 1, 1970, Martin leased certain realty to 202 Cascade Corporation (Cascade) for a term of approximately 28 years. The lease provided that Cascade would make monthly rental payments to...

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