Heiselt v. Brown

The action is by the same plaintiff, and, with the exception that a certain surety company — only incidentally involved in any event, a defendant there, but not here— against the same defendants as in Heiselt, Inc. v. Brown, 108 Colo. 562, 120 P. (2d) 644. The case involves the same situation, and in setting it forth in the pleadings, similar allegations attend. In each instance there was prayer for legal and equitable relief. In the first case general demurrers to the complaint challenging the sufficiency of the facts to state a cause of action, were sustained below, Based thereon, the…