# Maercklein v. Smith

> Supreme Court of Colorado · February 15, 1954 · 129 Colo. 72

URL: https://www.frixlaw.com/law-library/cases/9602964

## Case

- **Full name:** Maercklein Et Al. v. Smith
- **Court:** Supreme Court of Colorado
- **Decided:** February 15, 1954
- **Citations:** 129 Colo. 72; 266 P.2d 1095; 1954 Colo. LEXIS 357
- **Precedential status:** Published
- **Opinion:** Dissent by Bradfield
- **Judges:** Clark, Bradfield
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9602964

## Opinion text

Mr. Justice Bradfield
dissenting.
I approve the majority opinion for reversal and for direction of dismissal as to defendant, Postma. I must *83 respectfully dissent in its direction for retrial as to defendant, Maercklein. The majority opinion found plaintiff’s evidence insufficient to sustain the alleged contract, also insufficient to sustain the alleged negligence. In my opinion plaintiff having failed to prove his vital allegations, the case should be dismissed for insufficient evidence. I find no grounds justifying a retrial of these issues.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9602964. Public record. Not legal advice.