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ROGERS v. FITZSIMMONS

No. 16847.

257 P.2d 420 (1953)

ROGERS et al. v. FITZSIMMONS.

Supreme Court of Colorado, en Banc.

April 20, 1953.

Attorney(s) appearing for the Case

W. David McClain and Edwin A. Williams, Denver, for plaintiff in error.

George M. McNamara, Denver, for defendant in error.

HOLLAND, Justice.

Plaintiff in error defended an action in the trial court against demand for cancellation and rescission of a contract of purchase of a mountain-cabin property wherein it was alleged in the complaint that defendants had made representations concerning the dimensions of said property that were false and untrue or were made without regard to the truth or falsity thereof. The matter was tried to the court with

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