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MARTYNES & ASSOC. v. DEVONSHIRE SQ.

No. 83CA0604.

680 P.2d 246 (1984)

MARTYNES AND ASSOCIATES, NO. 1, a Colorado Limited Partnership, by William H. MARTYNES, its General Partner; and Atchison and Associates, a Colorado Partnership, Plaintiffs-Appellees, v. DEVONSHIRE SQUARE APARTMENTS, a Colorado Partnership; Gerald Olesh, As General Partner of Devonshire Square Apartments, Personal Representative of the Estate of Jack Simon and individually; and Deanne Sue Simon and Solomon Girsh, As Personal Representatives of the Estate of Jack Simon, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

March 15, 1984.

Attorney(s) appearing for the Case

Cross, Gaddis, Kin & Quicksall, P.C., James W. Kin, Colorado Springs, for plaintiffs-appellees.

Girsh, Rottman & Bromberg, P.C., Solomon Girsh, Denver, for defendants-appellants.

STERNBERG, Judge.

The plaintiffs, who are the present owners of an apartment house, brought this declaratory judgment action to determine the obligation for payment of interest under the terms of a promissory note and deed of trust. The trial court granted their motion for summary judgment and the defendants appeal. We affirm.

Defendant Gerald Olesh is the surviving general partner of defendant Devonshire Square Apartments...

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