Allegation and proof - evidence

Colo. Rev. Stat. § 6-2-107, under Unfair Practices Act.

Colo. Rev. Stat. § 6-2-107

In an injunction proceeding or in the prosecution of a person as officer, director, or agent, it is sufficient to allege and prove the unlawful intent of the person, firm, or corporation for which the person acts. Where a particular trade or industry of which the person, firm, or corporation complained against is a member has an established cost survey for the locality and vicinity in which the offense is committed, the cost survey is deemed competent evidence to be used in proving the costs of the person, firm, or corporation complained against within this article 2.

Source: L. 37: p. 1283, § 5. CSA: C. 48, § 302(5). L. 41: p. 822, § 5. L. 49: p. 344, § 5. CRS 53: § 55-2-5. C.R.S. 1963: § 55-2-5. L. 2026: Entire section amended, (HB 26-1426), ch. 334, p. 2005, § 36, effective August 12.

ANNOTATION

Evidence of intent sufficient for injunction. Defendant's refusal to attend meetings for the purpose of reaching an agreement on the cost of doing business and asserting that he did not think the law could be enforced indicated an intent not to obey it; this, and other, evidence was sufficient to warrant injunction against violation of law. Dikeou v. Food Distribs. Ass'n, 107 Colo. 38, 108 P.2d 529 (1940).