Legal Opinion · Dissent

Federal Deposit Insurance Corp. v. Fisher

Supreme Court of Colorado

Decided January 22, 2013No. 10SC762Published

1DissentJustice Coats

{24 Because I agree entirely with the court of appeals resolution of the borrower's claims currently pending before us, I would affirm its judgment to reverse and remand for a new trial on those claims. I therefore respectfully dissent.

25 Unlike either the trial court or court of appeals, the majority avoids the central question of the case-whether the Colorado Credit Agreement Act's so-called statute of frauds provision would bar the admission of extrinsic evidence to resolve an ambiguity in the written contract-by simply holding that the subject contract contained no ambiguity permitting…

2Cases cited3 opinions

  1. East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 2005
  2. People v. JohnsonSupreme Court of Colorado · 1980
  3. Ryan v. Fitzpatrick Drilling Co.Supreme Court of Colorado · 1959

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