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DESTINATION TRAVEL, INC. v. McELHANON

Nos. 89CA0904, 89CA1009.

799 P.2d 454 (1990)

DESTINATION TRAVEL, INC., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. Harvey McELHANON, Defendant-Appellant, Third-Party Plaintiff-Appellant, and Cross-Appellee, v. Laura NEWMAN, Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. III.

September 20, 1990.

Attorney(s) appearing for the Case

Haligman and Lottner, P.C., Richard I. Brown, Solomon L. Leftin, Englewood, for plaintiff-appellee and cross-appellant Destination Travel, Inc., and third-party defendant-appellee Laura Newman.

Dixon and Snow, P.C., Rod W. Snow, Denver, for defendant-appellant, third-party plaintiff-appellant, and cross-appellee.

Opinion by Judge DUBOFSKY.

Defendant, Harvey McElhanon, appeals the denial of his motion for new trial after entry of a judgment granting plaintiff, Destination Travel, Inc., rescission of its contract with defendant and awarding it damages. Plaintiff cross-appeals the trial court's refusal to award attorney fees pursuant to the contract. We affirm the denial of attorney fees, reverse the denial of defendant's motion for new trial because of juror misconduct and remand...

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