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D.O.M. FARMS v. NAKAMOTO

No. 84CA1266.

718 P.2d 262 (1986)

D.O.M. FARMS, a partnership, Plaintiff-Appellant, v. Elton NAKAMOTO, d/b/a Midway Auto & Equipment, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

March 13, 1986.

Attorney(s) appearing for the Case

Bristol & Friend, P.C., Robin Cochran, Bruce C. Friend, Greeley, for plaintiff-appellant.

Wayne A. Schmad, Longmont, for defendant-appellee.

SMITH, Judge.

Plaintiff, D.O.M. Farms (buyer), appeals the judgment dismissing buyer's claim to recover on an unjust enrichment theory money it allegedly overpaid defendant, Elton Nakamoto (seller), for goods and services. The court dismissed the claim as barred by the applicable statute of limitations. Buyer asserts that the trial court erred in finding that buyer breached the contract in the fall of 1978 when it refused to pay further for seller's goods and services...

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