2 Colo. App. 473 | Colo. Ct. App. | 1892
delivered the opinion of the court.
On the 1st of February, 1890, Brown and Hoag leased certain rooms in a building in Aspen to the authorities of Pitkin county. The lease was for a year at a reserved rental of $200 per month, and contained an express agreement that at the expiration of the term the lessees could remove furnishings and fixtures from the premises. Under this lease the county authorities went into possession, and built a brick vault for the use of the officers of the county, and laid the foundation on the ground. Shortly before the term expired the county began to remove what it had put into the building, and through some individual members of the board of
This action was commenced directly in the county court to recover what the plaintiffs claim to be due. The proof' showed that they had presented the claim to the board off county commissioners for allowance and that it had been dis-' allowed. It is now seriously contended by counsel that the' plaintiffs were without right to institute the suit, and that their only legal remedy for the enforcement of the claim was; by appeal from the action of the board to the district court ¡ under section 547 of the statutes. It is needless to enter into an elaborate discussion of this question, for this particular proposition was settled after full discussion in a case : decided at the present term of this court in Board of County Com'rs Park Co. v. Locke, post, 508. In that case we held' that the remedy was a concurrent one, and that the party: might either appeal, or bring an independent action, according to his election.
The case was tried to a jury. Before it was impaneled,
The only remaining question of any moment in the case
Affirmed.