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COLO-TEX LEASING, INC. v. NEITZERT

No. 86CA0775.

746 P.2d 972 (1987)

COLO-TEX LEASING, INC., a Colorado corporation, Plaintiff-Appellant, v. Ralph NEITZERT, Defendant and Third-Party Plaintiff-Appellee, and Thomas Harshman, Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. III.

October 8, 1987.

Attorney(s) appearing for the Case

Ranous, Stern & Patrick, P.C., J. Steven Patrick, David M. Barton, Gunnison, for plaintiff-appellant.

Lynch & Puckett, Paul W. Puckett, Denver, for defendant and third-party plaintiff-appellee.

Dufford, Waldeck, Ruland & Milburn, D.J. Dufford, Grand Junction, for third-party defendant-appellee.

BABCOCK, Judge.

In this breach of contract action, plaintiff, Colo-Tex Leasing, Inc. (Colo-Tex), appeals the judgment entered in favor of defendant, Ralph Neitzert. We reverse and remand with directions.

In 1982, defendant entered into a partnership with his brother to operate Jolly Jug Liquors, a retail liquor store. The brother was the managing partner and was responsible for the store's day-to-day operation.

During May 1983, the partners met with...

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