H & K AUTOMOTIVE SUPPLY CO. v. MOORE & CO.

No. 81CA0840.

657 P.2d 986 (1982)

H & K AUTOMOTIVE SUPPLY CO., d/b/a Times Square Automotive Co., a Colorado corporation, and Henry B. Kerluke, Plaintiffs-Appellants, v. MOORE & COMPANY, a Colorado corporation, Daniel J. Yacovetta, Jr., Julius Buerger, James W. Pinkard and Ellen V. Pinkard, Defendants-Appellees.

Colorado Court of Appeals, Division 3.

Rehearing Denied November 4, 1982.

Certiorari Denied January 24, 1983.


Attorney(s) appearing for the Case

David A. Fogel, Denver, for plaintiffs-appellants.

Rothgerber, Appel & Powers, Richard K. Clark, Denver, for defendants-appellees.


KELLY, Judge.

The plaintiffs, who were lessees of premises owned by the defendants, James W. and Ellen V. Pinkard, appeal the summary judgment entered by the trial court in favor of the Pinkards and the other defendants who were alleged to be the Pinkards' agents in procuring the lease. The plaintiffs' primary argument for reversal is that the trial court erred in concluding that there was an election of remedies by the plaintiffs precluding recovery in this law suit...

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