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PEPCOL MFG. CO. v. DENVER UNION CORP.

No. 81CA0446.

668 P.2d 971 (1983)

PEPCOL MANUFACTURING CO., a Colorado corporation, Plaintiff-Appellee, v. DENVER UNION CORPORATION, a corporation, and Western Stock Center, Inc., a corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 21, 1983.

Certiorari Granted August 29, 1983.

Attorney(s) appearing for the Case

Quiat, Bucholtz, Bull & Laff, P.C., Alan H. Bucholtz, Denver, for plaintiff-appellee.

Tilly & Graves, P.C., Greg L. Perczak, Denver, for defendants-appellants.

VAN CISE, Judge.

Plaintiff (buyer) instituted this action to recover amounts advanced by it and not repaid by defendants (seller) for water line construction. Judgment was entered in favor of buyer, and is not challenged on this appeal. Seller counterclaimed for the balance due for water service provided to buyer for the period June 1973 through 1976. Seller appeals the judgment dismissing that counterclaim. We reverse.<...

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