BERNSTEIN v. MIDWEST COLLECTION AGENCY

No. 19171.

350 P.2d 827 (1960)

Walter BERNSTEIN and Morey Bernstein, Plaintiffs in Error, v. MIDWEST COLLECTION AGENCY, Defendant in Error.

Supreme Court of Colorado, In Department.

April 4, 1960.


Attorney(s) appearing for the Case

James B. Radetsky, Jules Ornstein, Denver, for plaintiffs in error.

Zerobnick & Litvak, Denver, for defendant in error.


SUTTON, Chief Justice.

This case involves the question of whether plaintiffs in error were properly held liable by the trial court in a suit against them on an oral contract on an open account for goods sold and delivered. Plaintiffs in error contend that the indebtedness was in fact owed by a corporation which they had purchased. The statute of frauds was not plead as a defense below, hence is not involved here.

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