Scot B. Hutchins and John H. Gasper, Petitioners v. La Plata Mountain Resources, Incorporated, Resp — Hood, J…

Summary

Justice Hood dissented from the majority's conclusion that Leadville's signed extension documents acknowledged the debt and restarted the statute of limitations. The dissent reasoned that the acknowledgment was contained in a proposed amendment that failed because it lacked the contractually required approval of two-thirds of the debenture holders, making the acknowledgment ineffective. Justice Hood would therefore have affirmed the conclusion that the claims were time-barred.