Survey Engineers, Inc. v. Zoline Foundation

Supreme Court of Colorado

Survey Engineers, Inc. v. Zoline Foundation

568 P.2d 436, 193 Colo. 488

CourtSupreme Court of Colorado

DecidedAugust 22, 1977

DocketNo. C-668

StatusPublished

This text of 568 P.2d 436 (Survey Engineers, Inc. v. Zoline Foundation) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Survey Engineers, Inc. v. Zoline Foundation, 568 P.2d 436, 193 Colo. 488 (Colo. 1977).

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Opinion

Per Curiam

We previously reviewed the issues in this case in Survey Engineers, Inc. v. Zoline Foundation, 190 Colo. 352, 546 P.2d 1257 (1976). Our opinion directed:

[489]*489“[R]emand to the trial court for a determination based on the record regarding what benefit, if any, the respondents [Zoline Foundation] received from the inaccurate survey, the value of that benefit, and for entry of judgment based on those findings.” (Emphasis in original.)

On remand, the district court concluded that the survey caused a benefit of $607.50 and awarded interest from May 8, 1973, to The Zoline Foundation. The finding of the district court is supported by the record and is, therefore, affirmed.

The district court also decreed that the defendants be awarded judgment for their costs expended. The district court’s determination and assessment of costs against the plaintiff was error and is, therefore, vacated and set aside. Section 13-16-105, C.R.S. 1973. Each party to pay its own costs.

Accordingly, the judgment is affirmed in part and reversed in part and cause remanded with directions.

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