Smith v. Des Marteau

We refer to the parties to this litigation by name or as they were designated in the trial court.

Plaintiffs Des Marteau and Rountree, as real-estate agents representing an undisclosed principal, brought suit June 29, 1945, asking specific performance of an alleged contract whereby defendant Smith agreed to sell a quarter section of land in Prowers County, Colorado. Nearly two years later, namely, May 29, 1947, an amended complaint was filed in which Walter S. Neill was made a third party plaintiff. In this amended complaint it was alleged that the plaintiffs Al W. Des Marteau and H. E.…