BENEFICIAL FINANCE CO. OF COLORADO v. BACH

No. 82CA0907.

665 P.2d 1034 (1983)

BENEFICIAL FINANCE COMPANY OF COLORADO, Plaintiff and Garnishor-Appellant, v. Kenneth L. BACH, Michael D. Smith, Robert Pence, and Realty World Senti of Fort Collins, Defendants, and Everitt Realty and Investment Company, Garnishee-Appellee.

Colorado Court of Appeals, Div. II.

April 28, 1983.


Attorney(s) appearing for the Case

Fischer & Wilmarth, Steven G. Francis, Fort Collins, for garnishor-appellant.

Allen, Rogers, Metcalf & Vahrenwald, Donald E. Johnson, Jr., Fort Collins, for garnishee-appellee.


SMITH, Judge.

Beneficial Finance Company of Colorado, garnishor, appeals a judgment entered in favor of Everitt Realty and Investment Company (Everitt), garnishee. Beneficial contends that the trial court erred in determining that Everitt had a right of setoff pursuant to C.R.C.P. 103(n), and in admitting a lease agreement into evidence at the trial on its traverse to Everitt's answer to the garnishee summons. We affirm.

The facts pertinent to this appeal...

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