MANSO-JARES, LTD. v. Peterson

Opinion by

Judge RULAND.

In this quiet title action, defendants, Earl E. and Carl J. Peterson, appeal from the trial court’s order denying their motion to set aside a default judgment in favor of plaintiff, Mason-Jares, Ltd. We reverse and remand for further proceedings.

Defendants, who are brothers, were both intended assignees of an agreement to purchase a parcel of real property located in El Paso County, Colorado. Both defendants signed the instrument, but only one was actually described as the assignee.

After defendants failed to make several installment payments toward the purchase,…