Eagle Admixtures Ltd. v. Hannon
Colorado Court of Appeals
1Concurring in part, dissenting in part
Judge NEY
specially concurring in part and dissenting in part.
I agree with the majority that the judgment entered cannot stand. However, I write separately because I believe that the proper reasons for reversal should be other than those upon which the majority bases its result.
Further, I would remand for an entry of judgment for plaintiff rather than for a new trial.
I
I do not agree that the subordination clause of tenant’s lease automatically extinguished all of tenant’s rights when Silverado foreclosed the property in 1987. Rather, I believe that the terms of the lease terminate the tenant’s…
2Cases cited3 opinions
- Rine v. IshamSupreme Court of Colorado · 1963
- White v. ShortColorado Court of Appeals · 1990
- Furnary v. MerrittColorado Court of Appeals · 1992