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WESTER & CO. v. NESTLE

No. 81CA1255.

669 P.2d 1046 (1983)

WESTER & CO., Plaintiff-Appellant, v. Junior Lewis NESTLE, Defendant and Third-Party Plaintiff-Appellee, v. John HERLINE, Third-Party Defendant and Cross-Appellant, and Eric D. Ellis, Third-Party Defendant.

Colorado Court of Appeals, Div. III.

July 28, 1983.

Attorney(s) appearing for the Case

Duitch, Duitch & Gerig, Robert M. Duitch, Colorado Springs, for plaintiff-appellant.

Lyle Robertson, Colorado Springs, for defendant and third-party plaintiff-appellee.

Simons & Iuppa, Frank S. Simons, Jr., Colorado Springs, for third-party defendant and cross-appellant.

STERNBERG, Judge.

The plaintiff, Wester & Co., leased a store to defendant Nestle and third-party defendant Ellis, who conducted a partnership business named Red Rocks Meat and Deli on the premises. Nestle assigned his interest in the partnership to third-party defendant Herline. Rent being in default, the lessor sued Nestle. When Nestle prevailed in a trial to the court, the lessor appealed. We affirm.

Nestle and Ellis leased the premises in June 1978...

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