Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:03-cv-02669-MSK-PAC

Document 331-8

Filed 03/31/2006

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BIG-D' AFFIRMATIVE CLAIM FOR INDEBITATUS S ASSUMPSIT AGAINST LEPRINO

Case 1:03-cv-02669-MSK-PAC

Document 331-8

Filed 03/31/2006

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INSTRUCTION NO._____ INDEBITATUS ASSUMPSIT ELEMENTS1 For Big-D California to recover on its claim for Indebitatus Assumpsit, you must find the following: 1. 2. the Contract has been performed by Big-D California; and the reasonable value of labor and material rendered.

You shall not consider whether the labor and materials rendered by Big-D California to Leprino were made pursuant to an express contract, or whether this labor and materials rendered were performed beyond the terms of an express contract.

1 Source and Authority: Hunter v. Wilson, 147 Colo. 36, 362 P.2d 553, 555 (1961); Ford v. Rockwell, 2 Colo. 376 (1874); Duncan v. Borden, 13 Colo. App. 481, 59 P.60; McQuown v. Cavanaugh, 14 Colo. 188, 23 P. 341)(Operation under a previous contract fixing the charge for services tends to establish the reasonable value of services under a later contract.)

Case 1:03-cv-02669-MSK-PAC

Document 331-8

Filed 03/31/2006

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INSTRUCTION NO.______ GENERAL DAMAGES2 If you find in favor of Big-D California on its claim for indebitatus assumpsit for the labor and materials rendered to Leprino, you shall assess as its actual damages the reasonable value of the labor and materials rendered at the time they were rendered, minus any payments made by Leprino to Big-D California.

2 Source and Authority: CJI 30:48

Case 1:03-cv-02669-MSK-PAC

Document 331-8

Filed 03/31/2006

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