Aasgaard v. SPAR CONSOLIDATED MINING AND DEVELOPMENT COMPANY

522 P.2d 726 (1974)

Christian S. AASGAARD, Petitioner,

v.

SPAR CONSOLIDATED MINING AND DEVELOPMENT COMPANY, a Colorado Limited Partnership, Respondent.

No. C-447.

Supreme Court of Colorado, En Banc.

May 28, 1974.

Rehearing Denied June 17, 1974.

Wendt & Kistler, Aspen, for petitioner.

Joseph E. Edwards, Jr., Aspen, for respondent.

HODGES, Justice.

We granted certiorari to review the decision of the Court of Appeals in Spar Consolidated Mining v. Aasgaard, Colo. App., 516 P.2d 127 (1973). Our review, however, is limited to Section IV of that decision which deals with an issue concerning respondent Spar's…