TILBURY v. OSMUNDSON

No. 18091.

352 P.2d 102 (1960)

Newton R. TILBURY, Plaintiff in Error, v. O. R. OSMUNDSON, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied May 31, 1960.


Attorney(s) appearing for the Case

Norman E. Struempler, Denver, for plaintiff in error.

J. Emery Chilton, Denver, for defendant in error.


DAY, Justice.

This action was commenced in the trial court to foreclose a deed of trust securing a promissory note given by Osmundson to Tilbury as part of the purchase price of certain resort property described as lots 5 to 9, inclusive, in block 66, Mountain Park Home, situate in Jefferson County, State of Colorado.

Tilbury, who had accepted $1,000 in cash and a note for $6,000, alleged that the purchaser, Osmundson, had defaulted on the payment of the indebtedness...

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