Garrett v. Kimbrel

Opinion by

Mr. Chief Justice Day.

Plaintiff in error was one of two defendants in the trial court where the defendants in error were plaintiffs. They will be referred to as they appeared in the trial court.

Plaintiffs brought suit against the defendant and Norm Dickerson. Dickerson defaulted and trial was to the court on plaintiffs’ amended complaint as to the defendant only.

Plaintiffs in the first claim alleged they were owners of adjoining real property in Thornton, Colorado, and that they entered into an oral contract with Dickerson for the erection of a party retaining wall, for which they…