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COMMONWEALTH PETROLEUM CO. v. BILLINGS

No. 84CA1277.

759 P.2d 736 (1987)

COMMONWEALTH PETROLEUM COMPANY, INC., doing business as Petrowealth, Inc., and Kay C. Johnson, Plaintiffs-Appellees, v. L. Charles BILLINGS, Defendant-Appellant, and David F. Fisher, Defendant-Appellee, and David Myrick, Jr. and Janet Jacobsen Myrick, Intervenors-Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 4, 1988.

Certiorari Denied August 22, 1988.

Attorney(s) appearing for the Case

Cogswell & Wehrle, Eugene S. Burk, Jane E. Archer, Denver, for plaintiffs-appellees.

H.R. McCollister, P.C., H.R. McCollister, Denver, for defendant-appellant.

David F. Fisher, pro se.

No appearance for intervenors-defendants-appellees David Myrick, Jr. and Janet Jacobsen Myrick.

CRISWELL, Judge.

Defendant L. Charles Billings appeals the trial court's decree that he was not entitled to rescind his agreement with defendant David F. Fisher that called for an assignment of an oil and gas lease. He asserts that the court erred in concluding that Fisher did not commit a material breach of the agreement. We disagree and affirm.

In February 1982, Fisher entered into an agreement (Agreement) with Billings to assign to Billings an oil and gas...

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