College v. Scanlan, 83CA0063
| Decision Date | 10 January 1985 |
| Docket Number | No. 83CA0063,83CA0063 |
| Citation | 695 P.2d 314 |
| Parties | Michael W. COLLEGE and Nancy J. College, Plaintiffs-Appellants and Cross-Appellees, v. J. Mark SCANLAN, Futura Properties, Limited, a Colorado corporation, Poole & Company Realtors, a Colorado corporation, June Steely, Megapolitan Mortgage Company, a Colorado corporation, Lakewood Megapolitan Mortgage Company, a Colorado corporation, and Michael A. Stafford, Defendants-Appellees and Cross-Appellants. . II |
| Court | Colorado Court of Appeals |
Dailey, Goodwin & O'Leary, P.C., Daniel T. Goodwin, Aurora, for plaintiffs-appellants and cross-appellees.
Don A. McCullough, Denver, for J. Mark Scanlan and Futura Properties, Ltd.
Aldo G. Notarianni, Denver, for Poole & Co. Realtors.
Louis A. Morrone, Denver, for June Steely.
Grant, McHendrie, Haines & Crouse, P.C., Phyllis Cox, Denver, for Megapolitan Mortg. Co., Lakewood Megapolitan Mortg. Co., and Michael A. Stafford.
Plaintiffs, Michael and Nancy College, appeal from the trial court judgment concerning a real estate transaction involving defendants, J. Mark Scanlan, Futura Properties, Ltd., Poole & Co. Realtors, June Steely, Lakewood Megapolitan Mortgage Co., Megapolitan Mortgage Co., and Michael Stafford. We affirm in part and reverse in part.
Plaintiffs presented five claims for relief to the trial court. The first claim sought relief from Futura on a promissory note. The second claim requested that Futura's corporate veil be pierced. The third claim alleged a conspiracy among Steely, Scanlan, Michael Stafford, Lakewood Megapolitan, and Megapolitan, to defraud the Colleges. The fourth claim alleged that defendant Megapolitan's refinance charges were too high. The final claim alleged that Scanlan made an oral promise to pay College for the property.
After dismissing the second and third claims for relief, the trial court entered judgment on the first claim against Futura for $438,818, on the fourth claim against Megapolitan for $1,053.24, and on the fifth claim against Scanlan for $50,000. The Colleges appeal. Among other grounds for reversal, plaintiffs assert that the trial court erred in denying them the opportunity to present testimony concerning similar transactions by defendants. Scanlan cross-appeals, alleging that there is insufficient evidence in the record to support the $50,000 judgment against him. We disagree with plaintiffs but agree with Scanlan.
The Colleges owned a 30-unit apartment building which they decided to sell by advertising in the newspaper. Defendant Steely, a real estate licensee working for Poole & Co., responded to the advertisement and advised Michael College that she had an interested purchaser, Scanlan, another real estate agent, who was looking for apartment buildings to convert to condominium units. Steely then notified Scanlan of the availability of the property.
A few days later, Michael College met with Scanlan and Steely at the property to discuss the possible purchase of the property. After much negotiation, a receipt and option contract for the sale of the property between Scanlan and the Colleges was executed on May 11, 1979. The purchase price was $859,570.
The Colleges agreed to refinance the building to permit partial releases for an interim loan and to remove the underlying encumbrance on the property of approximately $361,347. After the Colleges had approached several lending institutions without success, Scanlan suggested that they contact Lakewood Megapolitan, a firm with which Scanlan had conducted business in the past. The Colleges met with Michael Stafford of Megapolitan, and a financing agreement was closed on July 12, 1979.
In September of 1979, the May 11 contract between the Colleges and Scanlan was renegotiated. Scanlan and the Colleges entered into a contract for a new purchase price of $806,000. This contract was closed on November 21, 1979.
A few weeks earlier, Scanlan had formed the corporation, Futura Properties, Ltd., in order to purchase the property. The Colleges knew that Futura would hold the title to the property and that Futura was the maker of the promissory note. Futura had borrowed money from Megapolitan for the purchase of the apartment building; thus, Megapolitan held a note and first deed of trust on the property. Futura gave to College a second deed of trust and a promissory note for $337,200 which was to be paid in full on or before July 20, 1980.
Futura defaulted on its loan to Megapolitan following...
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...probative value outweighs any prejudice resulting from its admission. See Griffith v. City & County of Denver, supra; College v. Scanlan, 695 P.2d 314 (Colo.App.1985); CRE Here, evidence of similar incidents was admitted not to prove defendant's negligence, but to show the existence of a ha......
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Southerland v. Argonaut Ins. Co., 88CA1488
...to his clients. We disagree. Evidence of other wrongs or acts are admissible to prove motive and intent. CRF 404(b); see College v. Scanlan, 695 P.2d 314 (Colo.App.1985). The trial court is afforded substantial discretion in admitting evidence of prior acts. See People v. Hogan, 703 P.2d 63......
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Abdelsamed v. New York Life Ins. Co., 91CA0705
...applied in criminal prosecutions, it also applies in civil cases if the proffered evidence is relevant to the issues. College v. Scanlan, 695 P.2d 314 (Colo.App.1985). Under the four-part analysis required to determine whether evidence of other acts is admissible to prove plan, intent, or a......
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O'Neal v. Reliance Mortg. Corp., 84CA0840
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