JACOBS v. FRONTIER TRACTOR & EQUIPMENT, INC.

No. 84CA0709.

712 P.2d 493 (1985)

John P. JACOBS, Plaintiff-Appellee, v. FRONTIER TRACTOR AND EQUIPMENT, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. II.

November 21, 1985.


Attorney(s) appearing for the Case

Fischer & Wilmarth, Steven G. Francis, Ft. Collins, for plaintiff-appellee.

March, Myatt, Korb, Carroll & Brandes, Robert W. Brandes, Ft. Collins, for defendant-appellant.


VAN CISE, Judge.

Defendant, Frontier Tractor and Equipment, Inc. (Frontier), appeals the judgment in favor of plaintiff, John P. Jacobs, on plaintiff's claim for refund of $12,000 paid by him to Frontier on his stock purchase promissory note and the judgment against Frontier on its counterclaim for the $18,000 unpaid balance on this note. We reverse.

The facts are uncontroverted. In November 1980, plaintiff, then the general manager of Frontier, entered into...

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