Opinion
A. E. Radinsky, Denver, for plaintiff in error.
George R. Gaubatz, Idaho Springs, for defendant in error.
DUFFORD, Judge.
This case was originally filed in the Supreme Court of the State of Colorado and was subsequently transferred to the Court of Appeals under the authority vested in the Supreme Court.
Union Trust Company brought suit against Benjamin Tucker, individually and as Treasurer of Clear Creek County, Colorado. The complaint alleged that the defendant in his capacity as County Treasurer conducted a tax sale; that the plaintiff was the highest eligible bidder for a tax sale certificate offered at the sale; and that the defendant had refused to deliver the certificate to the plaintiff as required by statute. Plaintiff brings this appeal from a judgment of the trial court dismissing the action.
After the commencement of this appeal, the real estate for which the certificate of purchase in question was issued was redeemed by the owner. The record in this case is also void of any evidence of recoverable damages. Evidence was submitted at trial as to the plaintiff in error's attorney's fees. However, these generally are not recoverable in the absence of statutory or contract provisions. Publix Cab Co. v. Colorado National Bank, 139 Colo. 205, 338 P.2d 702.
In view of these circumstances, there is no judicial relief available to plaintiff in error since issuance of the certificate cannot now be compelled by judicial mandate, nor can monetary damages be awarded. As held in Hawthorne v. Hendrie & Bolthoff Mfg. & Supply Co., 50 Colo. 342, 116 P. 122, and in Buffehr v. Senter, 67 Colo. 498, 186 P. 518, if, pending review of a judgment of the lower court, an event intervenes which renders it impossible for the appellate court to grant effectual relief, the court will not proceed to review the matter, but will dismiss the proceeding.
The writ of error is dismissed.
DWYER and ENOCH, JJ., concur.