Audubon Commercial Area Co. v. Skelly Oil Co.

MEMORANDUM OPINION AND ORDER

ARRAJ, Chief Judge.

This matter is before the Court on motions for summary judgment filed by each of the parties.

The pertinent facts are as follows: Plaintiff leased certain premises in Colorado Springs, Colorado, to defendant for a period of twenty years commencing October 6, 1954. The defendant entered into possession of the premises and paid the rental due from October 1954 to May 1966. Because of clerical oversight by one of defendant’s rental clerks, it failed to make rental payments due from May 1966 through August 1966. On September 2, 1966 plaintiff notified…