Supreme Court of Colorado

The Federal Deposit Insurance Corporation, in Its Capacity as Receiver v. Yale A. Fisher — Coats, J., Dissenting

January 22, 2013292 P.3d 934

Summary

Justice Coats, dissenting, would have affirmed the court of appeals' decision to reverse and remand for a new trial. He concluded that the change agreements contained irreconcilable provisions concerning the default interest rate, creating an ambiguity that permitted consideration of extrinsic evidence about the parties' intent. Justice Eid, concurring in the judgment, agreed with the result but would have rejected Fisher's fraud and contractual good-faith claims on separate grounds.