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MATOBA v. BLACKHAWK ENTERPRISES

No. 83CA0879.

701 P.2d 604 (1984)

Ben T. MATOBA and Miyori Matoba, Plaintiffs-Appellants, v. BLACKHAWK ENTERPRISES, a General Partnership, Richard H. Rossmiller, Bill L. Walters and William H. Wall, Jr., Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 29, 1984.

Attorney(s) appearing for the Case

Glicksman, Woodrow & Shaner, Daniel L. Woodrow, Denver, for plaintiffs-appellants.

Robinson, Waters, O'Dorisio & Rapson, P.C., Steven L. Waters, Amy J. Clark, Denver, for defendants-appellees Blackhawk Enterprises and William H. Wall, Jr.

John F. Cook, Aurora, for defendant-appellee Richard H. Rossmiller.

Seymour Joseph, Denver, for defendant-appellee Bill L. Walters.

BERMAN, Judge.

Plaintiffs, Ben T. and Miyori Matoba (landlords), appeal from an order granting defendant, Blackhawk Enterprises (tenant), partial summary judgment on the issue of tenant's liability for damages which occurred to landlords' property under a lease. We reverse.

Both parties stipulated to the following facts in their joint motion for summary judgment. On July 11, 1975, tenant conveyed to landlords certain property, subject to a deed of trust. On...

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