STROH-Mc INVESTMENTS v. BOWENS

No. 84CA0041.

725 P.2d 33 (1986)

STROH-Mc INVESTMENTS, Plaintiff-Appellee, v. Tommie Lee BOWENS, Jr., Defendant and Third-Party Plaintiff-Appellant, v. Ronald STROH, Daniel L. McCracken, Warren F. McCracken and Donald F. McCracken, individually and d/b/a, various business entities including Stroh-Mc Investments and McCracken Investments Company, Third-Party Defendants-Appellees.

Colorado Court of Appeals, Div. 2.

Rehearing Denied May 1, 1986.

Certiorari Denied September 29, 1986.


Attorney(s) appearing for the Case

Stutz, Dyer, Miller & Delap, Charles A. Miller, F. James Donnelly, Denver, for plaintiff-appellee and third-party defendants-appellees.

Douglass B. Auer, Denver, for defendant and third-party plaintiff-appellant.


Certiorari Denied (Stroh-Mc) September 29, 1986.

BABCOCK, Judge.

Tommie Lee Bowens, Jr., (Bowens) appeals the judgment in favor of Stroh-Mc Investments (Stroh-Mc) on his claim for breach of contract. The dispositive issue on appeal is whether a provision in an all-inclusive deed of trust, in which the beneficiary is obligated to pay prior notes secured by the property "as and when the same becomes [sic] due and payable," creates a duty upon the beneficiary...

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