MERCHANTS MORTG. & TRUST CORP. v. DAWE

No. 85CA1643.

754 P.2d 418 (1987)

MERCHANTS MORTGAGE & TRUST CORPORATION, a Colorado corporation, Plaintiff-Appellant, v. Thomas S. DAWE and Ila Mae Dawe, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 14, 1988.

Certiorari Denied May 16, 1988.


Attorney(s) appearing for the Case

Davis & Ceriani, P.C., Gary J. Ceriani, John A. Logan, Denver, for plaintiff-appellant.

French & Stone, P.C., David M. Haynes, Robert W. Stone, Boulder, for defendants-appellees.


ENOCH, Chief Judge.

In this action on a promissory note, the holder of the note, Merchants Mortgage Corporation (Merchants), appeals from a judgment in favor of defendants, Thomas and Ila Dawe. We reverse.

This case arises out of a transaction involving the sale of land. In 1973, the Dawes purchased property in Routt County from the Woodmoor Corporation (Woodmoor). The Dawes executed a promissory note and a deed of trust in favor of Woodmoor. Both the note...

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