Opinion
Dec. 28, 1971
Editorial Note:
This case has been marked 'not for publication' by the court.
Anthony V. Zarlengo, Denver, for plaintiff-appellant.
DUFFORD, Judge.
This is an appeal of an action brought under a complaint which primarily alleged fraud on the part of defendant in the sale of an automobile which was seized from the plaintiff-buyer by a sheriff and impounded as a stolen vehicle. Upon trial to the court and after presentation of the plaintiff's case, a judgment of dismissal was granted in favor of defendant on the ground that, as to some elements of fraud, plaintiff had failed to sustain his burden of proof.
The complaint in this case alleged fraud on the part of the defendant. It also alleged Inter alia (a) that the defendant represented to the plaintiff that he was the owner of the automoble in question; (b) that the plaintiff had purchased the automobile from the defendant for the sum of $1,650; and (c) that the automobile was ultimately impounded by the Sheriff of Jefferson County as a stolen vehicle.
During the presentation of plaintiff's case, substantial evidence in support of these alleged acts was introduced. Such evidence established, as a matter of law, a right on the part of plaintiff to rescind his automobile purchase transaction and to recover the purchase price which he had paid to defendant. C.R.S.1963, 155--2--312(1)(a) and 155--2--714; and See Koscove v. Brunger, 143 Colo. 354, 352 P.2d 961.
Although plaintiff's action was brought and presented primarily on the theory of fraud, it was the obligation of the trial court, under the provisions of C.R.C.P. 8(f) to construe all pleadings so as to do substantial justice. Under the provisions of C.R.C.P. 54(c), a trial court is also required to grant the relief to which a party is entitled even though a party has not demanded such relief in his pleadings. Bridges v. Ingram, 122 Colo. 501, 223 P.2d 1051.
In view of the showing which plaintiff made as to his right to relief under the theory of rescission, it was error for the trial court to dismiss his action after the presentation of plaintiff's case.
The judgment of the trial court is reversed, and this cause is remanded for further proceedings on a basis consistent with this opinion.
COYTE, J., concurs.
PIERCE, J., dissents.