HARWIG v. DOWNEY

No. 01CA1946.

56 P.3d 1220 (2002)

Darryl HARWIG and Cheryl Harwig, Plaintiffs-Appellants, v. Elvin D. DOWNEY and Gail R. Downey, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

September 12, 2002.


Attorney(s) appearing for the Case

Garrett Sheldon, Walsenburg, Colorado, for Plaintiffs-Appellants.

Karrick A. Burrows, Pueblo, Colorado, for Defendants-Appellees.


Opinion by Judge VOGT.

Plaintiffs, Darryl Harwig and Cheryl Harwig, appeal the trial court's order denying their request for attorney fees as prevailing third-party beneficiaries in their breach of contract action against defendants, Elvin D. Downey and Gail R. Downey. We affirm.

Plaintiffs sold pasture land to defendants' predecessors in interest, the Rays, and the Rays leased the property back to plaintiffs for grazing. As lessors, the Rays were required...

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