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MESSENGER v. MAIN

No. 84CA0058.

697 P.2d 420 (1985)

Steven D. MESSENGER and Jessie A. Messenger, Plaintiffs-Appellees, v. Stephen L. MAIN, and Mike Albert John Salzer, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

February 7, 1985.

Attorney(s) appearing for the Case

Schenk, Kerst & deWinter, William J. deWinter, III, Glenwood Springs, for plaintiffs-appellees.

Leavenworth, Patrick & Lochhead, P.C., Kevin L. Patrick, Peter A. Milwid, Glenwood Springs, for defendants-appellants.

STERNBERG, Judge.

Stephen and Jessie Messenger, sellers, sued for a determination of the rights and liabilities of the parties to a contract for the sale of land. The buyers, Stephen Main and Mike Salzer, appeal the trial court's order that before proceeding to trial, they must choose between their counterclaim requesting rescission of the contract and their counterclaim for damages. After granting sellers' motion to require the election, the trial court certified...

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