Colorado Interstate Gas Co. v. Dufield

Abbott, J.:

This is an appeal in a declaratory judgment action brought by the appellant, Colorado Interstate Gas Company (CIG), to ascertain its right to $2,666 held in escrow to cover any damages caused by CIG’s installing a pipeline across property owned by Frank E. Dufield.

The right-of-way agreement states in pertinent part:

“Grantee does hereby covenant to pay Grantor for all actual and reasonable damages incurred in the laying out, constructing, maintaining, operating, altering, replacing or removing of said pipeline, and covenants to now pay $1,000.00 as prospective damages to crops, land…