Farmers Elevator Co. v. First National Bank of Fleming

The parties appear herein in the same order as in the lower court. This case is one of several in the District Court of Logan County. We have already had occasion to review one of the actions in Farmers Elevator Company of Sterling v. Morgan, 172 Colo. 545, 474 P.2d 617 (1970), which will be referred to in this opinion as case #11295, which was the civil action number assigned to it in district court. In that case we reversed the judgment of the lower court dismissing the action as to all defendants, holding that the instrument designated as Exhibit A, which was conditioned upon the dismissal of First National Bank of Fleming and one Myron Karsten in suit #11295, did not serve to release the remaining defendants. The cause was remanded for trial as to all the other defendants.