MARGASON v. ROBERTS

No. 94CA0947.

919 P.2d 818 (1995)

Charles M. MARGASON, Plaintiff-Appellant, v. Bob D. ROBERTS and Phyllis D. Roberts, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing November 9, 1995.

Certiorari Denied June 17, 1996.


Attorney(s) appearing for the Case

Alpern, Johnson, Myers, Stuart & Scheuerman, Kenneth P. Meyers, Howard J. Alpern, Colorado Springs, for Plaintiff-Appellant.

Richard P. Ranson, Colorado Springs, for Defendants-Appellees.


Opinion by Judge METZGER.

In this action for relief from excessive collection costs, attorney fees, principal, and interest on the sale of real property, plaintiff, Charles M. Margason, appeals the dismissal of his complaint against defendants, Bob and Phyllis Roberts. We reverse and remand with instructions.

Plaintiff owned real property in El Paso County on which he had granted a deed of trust to the United Bank of Colorado Springs. In January of 1991, the...

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