Rudd v. Rogerson

The controversy between the litigants in this action has been before this court on three previous occasions. In Rudd v. Rogerson, 133 Colo. 506, 297 P.2d 533, the trial court concluded that the action, which was brought by Rudd for rescission of a contract for the purchase of cattle, was one based on fraud and deceit. The district court dismissed the plaintiff’s claim for insufficiency of evidence to establish a claim grounded upon fraud. On review by this court it was held that the action was not one of fraud and deceit but one for breach of warranty by Rogerson that a number of Aberdeen…