Bowers v. RIO GRANDE INVESTMENT COMPANY

Opinion by

Mr. Justice Kelley.

I

RE: RIO GRANDE’S CLAIM

This litigation was instituted by Rio Grande Investment Company, a Colorado corporation, to recover the par value of 18,000 shares of capital stock issued to or for the benefit of Bowers, for less than the par value. The trial court awarded judgment to Rio Grande for the sum of $4000 and against Bowers on his counterclaim of $200. Bowers, to reverse the trial court on both aspects of its judgment, obtained this writ of error.

Rio Grande’s position is well summarized in the pretrial order, thusly:

“* * * Plaintiff claims generally that 18,000…