Schlittenhardt v. Bernasky

2 Citing cases

  1. Underwood v. Dillon Companies, Inc.

    936 P.2d 612 (Colo. App. 1997)   Cited 8 times

    A bailee may refuse to surrender an item of personal property in order to investigate the bailor's rights to return of the property if the bailee distinctly communicates the reason for the qualified refusal to the bailor. See Schlittenhardt v. Bernasky, 147 Colo. 601, 364 P.2d 586 (1961) (conditions that qualify refusal to return chattel must have legal foundation or rest on reasonable doubt as to the validity of bailor's claim or as to bailee's duty under the circumstances); Restatement (Second) of Torts ยงยง 240(1) and 241 (1965). Whether a qualified refusal to return a chattel is reasonable is ordinarily a question for the jury.

  2. DEEB v. CANNIFF

    488 P.2d 93 (Colo. App. 1971)   Cited 11 times
    Holding that changing the locks by sublessor terminated sublease agreement, and trial court properly withdrew sublessor's counterclaim for rent from the jury

    The condition imposed had no legal foundation and thus did not relieve. Deeb from the consequences of his wrongful taking. Schlittenhardt v. Bernasky, 147 Colo. 601, 364 P.2d 586; Herbertson v. Cohen, 132 Colo. 231, 287 P.2d 47. III.