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WEITZEL v. ALLES

No. 18112.

322 P.2d 698 (1958)

Henry WEITZEL, No. 2, Plaintiff in Error, v. Elizabeth ALLES and John W. Alles, Jr., Defendants in Error.

Supreme Court of Colorado, En Banc.

March 10, 1958.

Attorney(s) appearing for the Case

David J. Miller, Melvin Dinner, Greeley, for plaintiff in error.

Karl R. Ahlborn, Greeley, for defendant in error.

KNAUSS, Justice.

Under a contract of purchase and sale dated March 7, 1955 John W. Alles, Jr. purchased certain real estate and equipment located at Ault, Colorado from Henry Weitzel, No. 2 for $14,000 on monthly installments of $150 each, to be paid by John W. Alles, Jr. Nothing was paid down and no provision was made for a down payment in the contract of purchase and sale, which, among other things, provided:

"In addition to the monthly payments of $150...

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