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LERNER v. STONE

No. 16744.

252 P.2d 533 (1952)

126 Colo. 589

LERNER et al. v. STONE et al.

Supreme Court of Colorado, en Banc.

December 15, 1952.

Attorney(s) appearing for the Case

Louis G. Isaacson, William H. Burnett and Joel E. Stone, Denver, for plaintiffs in error.

Edward H. Sherman and Philip Hornbein, Sr., Denver, for defendant in error, Herman H. Stone.

HOLLAND, Justice.

One phase of this litigation, which apparently is now the controlling factor, was before this court in the case of Stone v. Lerner, 118 Colo. 455, 195 P.2d 964, 4 A.L.R.2d 97 in a review of a forcible entry and detainer action in which it was finally determined that Stone had unlawfully retained possession of the premises involved beyond the term of a lease. As an outgrowth of that litigation, Lerner filed the present action against Stone under the...

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