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MARTIN EXCAV. v. TYROLLEAN TER. WATER & SAN.

No. 81CA0249.

671 P.2d 1329 (1983)

MARTIN EXCAVATING, INC., a Colorado corporation, Plaintiff-Appellee, v. TYROLLEAN TERRACE WATER AND SANITATION DISTRICT, a Quasi-Municipal Corporation, John Doe 1 through 9, individually, being the members of the Board of Directors of the Tyrollean Terrace Water and Sanitation District, whose true names are unknown, and Gail Hammond, individually, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 15, 1983.

Attorney(s) appearing for the Case

Leon R. Hetherington, Frisco, Relda Fleshman, Boulder, for plaintiff-appellee.

Law Office of Robert A. Findlay, Robert A. Findlay, Breckenridge, for defendants-appellants.

PIERCE, Judge.

Defendant, Tyrollean Terrace Water and Sanitation District (Tyrollean), appeals the judgment entered in favor of plaintiff, Martin Excavating Company, Inc. (Martin). We affirm.

This action arose out of Tyrollean's refusal to pay for service performed under a contract to excavate. It was undisputed during trial that Tyrollean had agreed to pay Martin a certain sum of money, less than $5,000, for excavating...

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