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TRUEMAN-ASPEN CO. v. NORTH MILL INV.

No. 84CA1188.

728 P.2d 343 (1986)

TRUEMAN-ASPEN COMPANY, an Ohio limited partnership, Plaintiff-Appellee, v. NORTH MILL INVESTMENT CORPORATION, d/b/a Great Western Spirit Company, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 3, 1986.

Certiorari Denied October 20, 1986.

Attorney(s) appearing for the Case

Martin H. Kahn, Aspen, Rothgerber, Appel, Powers & Johnson, Charles Goldberg, Thomas M. Domme, Denver, for plaintiff-appellee.

Conover, McClearn & Heppenstall, P.C., Michael S. McCarthy, Denver, Klein, Seigle, Delman & Krabacher, P.C., James H. Delman, Aspen, for defendant-appellant.

Certiorari Denied (North Mill) October 20, 1986.

METZGER, Judge.

The issue in this forcible entry and detainer action is whether a tenant's negligent failure timely to exercise an option extending a lease warrants application of the doctrine of equitable intervention. We conclude that it does not and, therefore, affirm the summary judgment entered in favor of plaintiff, Trueman-Aspen Company (Trueman), and against defendant, North Mill Investment Corporation...

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