HOFFMAN v. BROWN

No. 78-1101.

599 P.2d 959 (1979)

Kent HOFFMAN and Gary Levinson, Plaintiffs-Appellants and Cross-Appellees, v. Samuel BROWN, Ronald Brown, Harold Kapelovitz, Ken Jeung, Michael Cooper, Robert Rifkin, Gerald Kernie and Gary Mosko, Individually and d/b/a Evans Joint Venture, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 14, 1979.

Certiorari Granted August 27, 1979.


Attorney(s) appearing for the Case

Law Offices of Bernard D. Morley, Bernard D. Morley, Denver, for plaintiffs-appellants and cross-appellees.

Hobbs & Waldbaum, P. C., Leonard N. Waldbaum, William E. Brayshaw, Denver, for defendants-appellees and cross-appellants.


COYTE, Judge.

Plaintiffs filed suit seeking a declaratory judgment to determine the status of a lease held by them on property of the defendants. The trial court found that plaintiffs were in default at the expiration of the lease period and that their attempt to exercise their option to extend the lease was ineffective and ordered the issuance of a writ of restitution in favor of defendants on their counterclaims. We reverse.

Plaintiffs leased the property...

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