PROSSER v. SCHMIDT

No. 16952.

262 P.2d 272 (1953)

128 Colo. 310

PROSSER v. SCHMIDT et al.

Supreme Court of Colorado, En Banc.

October 5, 1953.


Attorney(s) appearing for the Case

J. Nelson Truitt, Denver, for plaintiff in error.

Max C. Wilson, Canon City, for defendants in error.


HOLLAND, Justice.

On February 14, 1942, defendants in error, to whom we will refer as defendants, by a written document of that date, agreed upon sufficient consideration therein receipted for, to convey an improved tract of ground containing one acre more or less in the City of Florence, Fremont county, Colorado, to plaintiff in error, hereinafter designated as plaintiff. Provision was made therein that defendants would execute and deliver a good and sufficient warranty...

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