Wilmore v. Kalberer

This case has been tried once before, resulting in a judgment for the defendant in error, which was brought to this court and afterward transferred to the Court of Appeals, where there was a judgment of reversal. Wilmore v. Kalberer, 24 Colo. App. 209, 133 Pac. 763.

In that decision the rights of the parties were practically settled, but upon retrial, the court below, in the main, disregarded the law of the case as laid down by the Court of Appeals, and fell into the same errors that were committed in the original trial. .The second trial was upon the same issues, the pleadings not having been…