# Page v. Clark

> Supreme Court of Colorado · April 23, 1979 · 197 Colo. 306

URL: https://www.frixlaw.com/law-library/cases/9624185

## Case

- **Full name:** P. E. Page, A/K/A Paul Page v. Morton J. Clark and Alice R. Clark
- **Court:** Supreme Court of Colorado
- **Decided:** April 23, 1979
- **Citations:** 197 Colo. 306; 592 P.2d 792
- **Precedential status:** Published
- **Opinion:** Concurrence by Groves
- **Judges:** Erickson, Groves
- **Cited by:** 381 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/9624185

## How later opinions describe it (automated extraction)

- noting that a transaction may be set aside for abuse of a confidential relationship if the plaintiff proves that the party in possession of the property at issue refused to act in accordance with the parties’ mutual intent
- applying section 18-25-127(1) preponderance of the evidence standard to imposition of constructive trust, abrogating Botkin and other cases applying clear and convincing burden of proof

## Opinion text

MR. JUSTICE GROVES
concurring in the result.
I think there is a viable distinction between “clear and convincing” and “preponderance.” If I had been a member of the General Assembly at the time section 13-25-127(1), C.R.S. 1973 was enacted, I would have voted against it. Nevertheless, I regard the legislative resolution of burden of proof in this respect as binding upon us.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9624185. Public record. Not legal advice.