Baumgartner v. Burt

365 P.2d 681 (1961)

Franklin W. BAUMGARTNER, Plaintiff in Error,

v.

John C. BURT and Grace G. Burt, Defendants in Error.

No. 19640.

Supreme Court of Colorado. En Banc.

September 25, 1961.

Rehearing Denied November 6, 1961.

Raymond J. Gengler, John-David Sullivan, Denver, for plaintiff in error.

Bradley, Carney & Johnson, Golden, for defendants in error.

HALL, Chief Justice.

The parties appear here in reverse order to their appearance in the trial court. We refer to the parties as they there appeared, Burts or plaintiffs, and Baumgartner or defendant.

Burts in their complaint allege that they sold…