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NILES v. BUILDERS SERVICE & SUPPLY, INC.

No. 80CA1093.

667 P.2d 770 (1983)

Mervin W. NILES, Plaintiff-Appellee, v. BUILDERS SERVICE & SUPPLY, INC., a Colorado corporation, and Kriss W. Barnes, Defendants-Appellants.

Colorado Court of Appeals.

June 30, 1983.

Attorney(s) appearing for the Case

Robert E. Ray, Greeley, for plaintiff-appellee.

Calkins, Kramer, Grimshaw & Harring, Richard L. Shearer, Denver, for defendants-appellants.

STERNBERG, Judge.

The plaintiff, Mervin W. Niles, the seller, sued to collect payment due on a promissory note he received when he sold his business to the buyer, defendant Builders Service & Supply, Inc. Defendant Kriss W. Barnes personally guaranteed the note. The defendants filed a general denial to the complaint and counterclaimed for rescission or damages based on misrepresentation or mutual mistake going to the essence of the contract. The trial court entered...

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