BACKUS v. APISHAPA LAND AND CATTLE CO.

No. 79CA0678.

615 P.2d 42 (1980)

Albert Lee BACKUS, Plaintiff-Appellant, v. APISHAPA LAND AND CATTLE COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 27, 1980.

Certiorari Denied August 5, 1980.


Attorney(s) appearing for the Case

Predovich, Ward & Banner, Donald J. Banner, Pueblo, for plaintiff-appellant.

Rothgerber, Appel & Powers, Michael D. Nosler, Denver, for defendant-appellee.


KELLY, Judge.

Albert Lee Backus instituted this action against Apishapa Land and Cattle Company to recover under a listing agreement for the sale of real property. The trial court granted Apishapa's motion for summary judgment. We affirm in part and reverse in part.

Before filing an answer, Apishapa filed its motion for summary judgment pursuant to C.R.C.P. 56(b), and neither party filed affidavits or other supporting documents. Consequently, in reviewing...

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