Supreme Court of Colorado April 11, 1932, No. 13,062. (Catron v. Kinghorn)

Mr. Justice Burke

delivered the opinion of the court.

These parties appeared in reverse order in the trial court and are hereinafter designated as there.

Plaintiffs’ action for judgment on a note, and foreclosure of its security, was met by defendant’s counterclaim for rescission and damages because of misrepresentation and failure of consideration.