DUKE v. PICKETT

No. 22816.

451 P.2d 288 (1969)

LeRoy A. DUKE and Frances K. Duke, Plaintiffs in Error, v. Orville C. PICKETT and Gentlebreeze Mobilehome Court, Inc., Defendants in Error.

Supreme Court of Colorado, In Department.

As Modified on Denial of Rehearing March 24, 1969.


Attorney(s) appearing for the Case

Tinsley, Alperstein, Frantz & Plaut, Mansur Tinsley, Lakewood, for plaintiffs in error.

C. Hamilton Evans, Denver, for defendants in error.


DAY, Justice.

In an action to rescind a sales transaction consummated through a trade of assets between the litigating parties, the trial court held that the plaintiffs—they are plaintiffs in error here—"did not sustain their burden of proof in the necessary elements in a fraud false representation action." Our resolution of this writ of error hinges on whether the lower court misapprehended the legal effect of the uncontroverted evidence and thus failed...

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