Haberl V. Bigelow

In Bigelow v. Nottingham, 833 P.2d 764 (Colo. App. 1991), the court of appeals affirmed the trial court's judgment in favor of the respondents, Eugene A. Bigelow and Alyce M. Bigelow (the Bigelows), against the petitioner, Frank J. Haberl (Haberl), on a promissory note executed by Haberl and his wife, Dorothy Haberl. In so doing, the court of appeals affirmed the trial court's Conclusions that Haberl consented to the subordination of a deed of trust to real property executed in connection with the note; that the applicable statute of frauds did not render such consent invalid; and that the provisions of section 4-3-401(1), 2 C.R.S. (1992),  did not operate to discharge Haberl from liability under the note even though the terms thereof were subsequently modified by an instrument he did not sign. Having granted Haberl's petition for certiorari to review these determinations, we reverse the judgment of the the court of appeals and remand the case to that court with directions.