Westwood v. Richards

In this case the trial court granted specific performance of an oral agreement. The winning plaintiff in that court comes here on writ of error. Reference will be made to the parties as they appeared in the trial court. The cause was previously before us as Westwood v. Richards, the opinion in which is reported in 109 Colo. 17, 122 P. (2d) 247. That case involved the same parties and was based upon the same pleadings as are now before us. The evidence of the plaintiff in both cases consisted of the testimony of the same five witnesses. At the close of the plaintiffs case in the first trial,…