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DAVID v. POWDER MOUNTAIN RANCH

No. 81CA0593.

656 P.2d 716 (1982)

John DAVID, Administrator c.t.a. of the Estate of Erwine H. Stewart, a/k/a Erwine Stewart, a/k/a E.H. Stewart, deceased, and John David, individually, Plaintiff-Appellee, v. POWDER MOUNTAIN RANCH, a Co-Partnership, Defendant-Appellant, and W.R. Lloyd a/k/a Dick Lloyd; Bertha Lloyd; Harold Lloyd; Sidney D. Lloyd; Powder Mountain Ski Corporation, a Colorado Corporation; Debtor, Bankrupt No. BK-LV-77-896; Ivan Kladder; Historical Museum and Institute of Western Colorado; First National Bank of Grand Junction; Gena M. Harrison, Treasurer of Mesa County, Colorado; William Nutting, Kate Ann Nutting; George Nisbet; Rena Nisbet; Clifford H. Jex; Lois M. Jex; the Town of Palisade, a Municipal Corporation; Redstone Corporation, a Colorado Corporation; George J. Hronzy; Irene M. Hronzy; Chet Nash and Cheryl Nash; and All Unknown Persons Who Claim an Interest in the Subject Matter of This Action, Defendants.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 14, 1982.

Attorney(s) appearing for the Case

Reams & Kaye, Warren R. Reams, Bruce J. Kaye, Grand Junction, for plaintiff-appellee.

Traylor, Palo, Cowan & Arnold, Charles J. Traylor, Robert S. Traylor, Grand Junction, for defendant-appellant.

SMITH, Judge.

Defendant, Powder Mountain Ranch (Ranch) seeks reversal of a directed verdict in favor of plaintiff, John David (David), quieting title to certain real property in David's name. We reverse and remand for a new trial.

In 1956, Erwine H. Stewart entered into an agreement with W.R. "Dick" Lloyd whereby he agreed to convey certain lands to Lloyd in return for yearly payments of a fixed sum until Stewart died or the payments totalled $150,000, whichever...

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