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MILLER v. RUSH

No. 20437.

393 P.2d 565 (1964)

William D. MILLER, Plaintiff in Error, v. Paul RUSH, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied July 13, 1964.

Attorney(s) appearing for the Case

Holland & Hart, Dwight K. Shellman, Jr., Denver, for plaintiff in error.

Milton Berger, Sidney Biderman, Denver, for defendant in error.

HALL, Justice.

On October 12, 1955, Miller, as purchaser, and Rush, as seller, entered into a written contract whereby Rush agreed to sell and Miller agreed to purchase Plot 6, Charlou Park Addition, known as 6464 Rim Road, with a residence to be constructed thereon by Rush for the agreed price of $63,000.00. Among other things the agreement provided:

"Title shall be merchantable in the seller. * * * the seller shall execute and deliver a good and sufficient...

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