WHEELER v. CARL RABE, INC.

No. C-1458.

599 P.2d 902 (1979)

Richard WHEELER and Janet Wheeler, Petitioners, v. CARL RABE, INC. and Carl F. Rabe, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 24, 1979.


Attorney(s) appearing for the Case

Ronald S. Stern of Stern & Newton, P. C., Granby, for petitioners.

Anthony L. Worth of Pferdesteller, Vondy, Horton & Worth, P. C., Denver, for respondents.


HODGES, Chief Justice.

Petitioners sued respondent on a note executed in connection with a land sale and also claimed breach of fiduciary duty arising from misrepresentations made prior to the sale. The trial court found there had been an effective accord and satisfaction and denied recovery on the note. With respect to alleged losses occasioned by the misrepresentations, however, the trial court awarded damages of $62,878.89. On appeal, the court of appeals vacated...

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