First Interstate Bank v. Tanktech, Inc.

We granted certiorari to review the decision of the court of appeals in Tanktech, Inc. v. First Interstate Bank, 851 P.2d 174 (Colo.App.1992), which reversed a directed verdict in favor of First Interstate Bank of Denver (“First Interstate”). Applying the landlord/tenant holdover doctrine, the court of appeals remanded the case for a jury determination of whether an implied lease existed between Tanktech, Inc., (“Tanktech”) and First Interstate. In so holding, the court adopted the rule that an implied lease based upon the terms of a prior pre-foreclosure lease may be created if the property…