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RABTOAY GENERAL TIRE CO. v. COLORADO KENWORTH CORP.

No. 17931.

309 P.2d 616 (1957)

RABTOAY GENERAL TIRE COMPANY, a Colorado corporation, Plaintiff in Error, v. COLORADO KENWORTH CORPORATION, a corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied April 29, 1957.

Attorney(s) appearing for the Case

Barry & Hupp, James T. Ayers, F. Joseph McGarry, Denver, for plaintiff in error.

Grant, Shafroth & Toll, Charles H. Haines, Jr., Denver, for defendant in error.

FRANTZ, Justice.

This case involves the relative rights of two purchase money chattel mortgagees.

In early September 1954 Colorado Kenworth Corporation sold a 1951 Kenworth tractor to one Aarol Roberts, whose residence was 7199 Holly Street in Derby, Adams County, Colorado. To secure the balance of the purchase price a chattel mortgage was executed by Roberts on September 10, 1954, which was made an effective lien in compliance with the "Certificate of Title...

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