Toll v. Casey

This review grows out of the refusal of the trial court, on receipt of remittitur from this court in Toll v. Peck, 88 Colo. 582, 299 Pac. 14, to allow Toll to broaden the issues and introduce a Mrs. McKenzie as a party defendant. The facts are stated in the opinion on the former examination, but to make this opinion complete it is necessary to retell the story, at least in part. It appears that one Charles D. McKenzie purchased real property in Denver to which he received warranty deed; that the purchase price, $8,200, with the exception of $200 or $8,000, McKenzie borrowed from Casey, the…