Fleming and Pattridge v. Singer

I concur in the result reached by this Court but do so on different grounds. Mr. Justice Pringle, speaking for the Court, concludes by stating that “although the trial court cited the wrong reason for his judgment, the law requires the result obtained.” In my view of the matter the trial court cited the “right reason” for his judgment and I would affirm the judgment on that basis.

It is my view, as it was the trial court’s view, that:(1) the General Assembly by amending in 1957 that which now appears as C.R.S. 1963, 153-12-2 did not change the rule announced in McCutchen v. Osborne, 61 Colo.…