Legal Opinion

Martin Excavating, Inc. v. Tyrollean Terrace Water & Sanitation District

Colorado Court of Appeals

Decided August 18, 1983No. 81CA0249PublishedCited by 3 opinions

1Opinion of the Court

PIERCE, Judge.

Defendant, Tyrollean Terrace Water and Sanitation District (Tyrollean), appeals the judgment entered in favor of plaintiff, Martin Excavating Company, Inc. (Martin). We affirm.

This action arose out of Tyrollean’s refusal to pay for service performed under a contract to excavate. It was undisputed during trial that Tyrollean had agreed to pay Martin a certain sum of money, less than $5,000, for excavating a malfunctioning sewer line. Martin’s crew worked under the supervision of a Tyrollean board member in performing the excavation services. When excavation was completed,…

2Cases cited9 opinions

  1. Page v. ClarkSupreme Court of Colorado · 1979
  2. Bd. of Education of City of Asbury Park v. HoekSupreme Court of New Jersey · 1962
  3. Tobin v. Town CouncilWyoming Supreme Court · 1933
  4. Normandy Estates Metropolitan Recreation District v. Normandy Estates Ltd.Supreme Court of Colorado · 1976
  5. Browning-Ferris, Inc. v. City of Leon ValleyCourt of Appeals of Texas · 1979

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3Cited by3 opinions

  1. General Engineering Corp. v. Virgin Islands Water & Power AuthorityDistrict Court, Virgin Islands · 1985
  2. Beals v. Pickerel Lake Sanitary DistrictSouth Dakota Supreme Court · 1998
  3. Beals v. Pickerel Lake Sanitary DistrictSouth Dakota Supreme Court · 1998

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