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action affirmed agreed agreement alleged amount answer appeal application assignment attorney authority bank bill building cause charge claim Code Colo Company complaint condition consideration considered construction contention contract corporation counsel damages decree deed defendant denied determined directed District Court duty effect entered entitled error evidence execution fact filed follows further give given ground held injury instruction interest issue Judge judgment jury justice land liable matter ment mortgage motion notice objection opinion owner paid parties payment person petition plain plaintiff possession present prior proceeding purchase question reason received record recover refused respondent reversed rule statute sufficient Supreme Court sustained taken testified testimony thereof tion trial court trust Wash witness