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GENERAL45769
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Last modified
8/24/2016 8:15:58 PM
Creation date
11/23/2007 2:04:54 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981015
IBM Index Class Name
General Documents
Doc Date
12/13/1990
Doc Name
FINDINGS OF FACT CONCLUSION OF LAW AND ORDER FOR JUDGMENT
Permit Index Doc Type
GENERAL CORRESPONDENCE
Media Type
D
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No
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accomplished by the agreement. Chew v. International Society for <br />Krishna Consciousness of Colorado New Barsana Farm Community, Inc.. <br />d/b/a Iskcon, 738 P.2d 57 (COlo.App. 1987). The fact that the <br />parties may have different opinions as to the interpretation of the <br />contract does not of itself create ambiguity, Matter of May, 756 <br />P.2d 362 (Colo. 1988). <br />If evidence of a contract consists of documents, determination <br />of their effect is a matter of law for the Court to determine, <br />Colorado National Bank-Exchange v. Hammar, 764 P.2d 359 (Colo.App. <br />1988); Giralt v. Vail Village Inn Associates, 759 P.2d 801 <br />(Colo.App. 1988). <br />Colorado recognizes existence of contract implied from <br />parti'es' conduct. There must be a meeting of minds as to essential <br />terms of contract before an agreement will be implied; but, if one <br />performs several acts which amount to admission of existence of <br />contract, one cannot, afterwards, elect to avoid the contract. <br />When existence of contract is in issue, and evidence is in <br />conflict, it is for the trier of fact to decide contract's <br />existence. Colo-Te~~ Leasing. Inc. v. Neitzert, 746 P.2d 972 <br />(COlo.App. 1987). <br />Based upon the Court's findings of fact and conclusions of <br />law, the Court concludes that the conduct of Mr. Bobo and Mr. <br />Crichton clearly demonstrate there was a meeting of the minds <br />between Plaintiffs and Defendants to be bound by an employment <br />contract for management services to be rendered to Defendants by <br />Plaintiffs for three (3) years. There was legal consideration <br />given by the parties to be bound by this contract and further that <br />there was mutuality of agreement and obligation. In addition, on <br />January 1, 1988, Defendants breached the management agreement. <br />The Court further concludes that both Mr. Bobo and Mr. <br />Crichton were highly experienced in the coal mining business and <br />sophisticated businessmen. The 10-K Forms filed with the <br />Securities and Exchange Commission, the Shareholders' Reports <br />prepared and executed by Defendant Arabian, the payment of <br />$10,000.00 as a monthly management fee to B.L. Bobo Company and <br />reimbursement checks for expenses for the year 1987 as well as the <br />language in the corporate reports and letters clearly reflect that <br />there was an employment contract. The Court further concludes that <br />the parties clearly understood the essential terms and conditions <br />of the contract. Those essential terms were a three (3) year <br />contract at $10,000.00 per month, plus expenses to be paid by <br />Defendant Arabian to B.L. Bobo. <br />The Court further concludes that the finder's fee agreement of <br />December 30, 1985 was breached by Defendants on February 21, 1986. <br />6 <br />
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