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KALISH v. BRICE

No. 17233.

274 P.2d 600 (1954)

Lawrence KALISH, Plaintiff in Error, v. W. Bonner BRICE and H. B. Stroup, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 18, 1954.

Attorney(s) appearing for the Case

Isaac Mellman, Gerald N. Mellman, Denver, for plaintiff in error.

Bernard J. Seeman, James D. Doyle, Denver, for defendants in error.

HOLLAND, Justice.

April 22, 1950, H. B. Stroup, as owner, and W. Bonner Brice, gave Lawrence Kalish an option to purchase approximately thirty-five acres of land in Arapahoe county for $750 an acre, upon which Kalish paid $1,000. According to the terms of the option, title was to be merchantable in the seller and the seller would deliver a warranty deed on or before May 20, 1950; it further was provided that if the title...

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