WHITAKER v. HEARNSBERGER

No. 16400.

233 P.2d 389 (1951)

WHITAKER et al. v. HEARNSBERGER et al.

Supreme Court of Colorado, en Banc.

Rehearing Denied June 11, 1951.


Attorney(s) appearing for the Case

Stevens Park Kinney, Denver, for plaintiffs in error.

William H. Scofield, Denver, for defendants in error.


STONE, Justice.

Plaintiffs in error Whitaker purchased a residence property from defendants in error Hearnsberger in October 1948 for $15,-000, of which $12,000 was paid by their promissory note payable in monthly installments of not less than $90 each, including interest, due on the 5th day of each month. Narce Whitaker was a Colonel in the United States Army and the property was occupied by the Whitakers as a home. Having notice of their future transfer by the military...

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