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SALA v. HAY

No. 22006.

415 P.2d 330 (1966)

D. H. SALA doing business as D. H. Sala Realty Co., Plaintiff in Error, v. Marjorie C. HAY, formerly Marjorie C. Fensterman, Defendant in Error.

Supreme Court of Colorado, En Banc.

June 13, 1966.

Attorney(s) appearing for the Case

Wagner & Wyers, Denver, for plaintiff in error.

No appearance for defendant in error.

PRINGLE, Justice.

Plaintiff in error, hereinafter called Sala, brought suit against defendant in error, hereinafter called Hay, to recover the sum of $6,000 which was the amount due on an unpaid check and promissory note given by Hay as consideration for an option to purchase real estate which Hay did not exercise. The option agreement contained the usual provision that in the event of failure of Hay to exercise the option the $6,000 should be retained as liquidated...

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