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FRANCAM BLDG. CORP. v. FAIL

No. 80SC281.

646 P.2d 345 (1982)

FRANCAM BUILDING CORPORATION, a Colorado corporation, Petitioner, v. Larry F. FAIL, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 28, 1982.

Attorney(s) appearing for the Case

Myrick, Newton & Sullivan, P. C., Michael P. Serruto, James W. Nearen, Jr., William E. Myrick, Denver, for petitioner.

Caskins & Chanzit, Richard M. Chanzit, Denver, for respondent.

ROVIRA, Justice.

Petitioner, Francam Building Corporation (Francam), commenced an action against Larry F. Fail (Fail) in the County Court of Arapahoe County to regain possession of premises for failure to pay rent. The trial court dismissed the complaint because of Francam's failure to serve a three-day "pay or vacate" demand on Fail pursuant to section 13-40-104(1)(d), C.R.S. 1973. On appeal, the District Court in and for the County of Arapahoe affirmed. We granted...

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