No. 18759.

351 P.2d 392 (1960)

W. J. MORLEY and Duane C. Tura, Doing Business as Hillcrest Real Estate Co., and George M. Innis and Duane C. Tura, Individually, Plaintiffs in Error, v. R. L. GIESEKER and H. V. Gieseker, Defendants in Error.

Supreme Court of Colorado. En Banc.

April 25, 1960.

Attorney(s) appearing for the Case

Holley & Boatright, Wheat Ridge, for plaintiffs in error.

George T. Ashen, Denver, for defendants in error.

KNAUSS, Justice.

In the trial court plaintiffs in error were defendants and defendants in error were plaintiffs. We shall refer to the parties as they there appeared, or by name.

On March 14, 1956 plaintiffs filed their complaint seeking judgment against defendants in the sum of $500 and interest, basing their demand upon a written contract between the parties for the sale of certain real estate to plaintiffs. The sum demanded was paid as earnest money at...

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