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BALL v. FOSTER

No. 71-121.

501 P.2d 476 (1972)

Owen K. BALL, Plaintiff-Appellant, v. Wallace D. FOSTER, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 29, 1972.

Attorney(s) appearing for the Case

Norris & Stevenson, Alan W. Stevenson, Evergreen, for plaintiff-appellant.

Seraphine, Bratton & Alexander, Charles Alexander, Gunnison, for defendant-appellee.

Not Selected for Official Publication.

DWYER, Judge.

Plaintiff-appellant, Owen K. Ball, will be referred to as "buyer," and defendant-appellant, Wallace D. Foster, will be referred to as "seller."

This dispute concerns a deposit of $5,000 which buyer made in connection with an "interim agreement" between the parties for the sale and purchase of the assets of Gunnison Newspapers, Inc. The sale was never consummated. The court tried the case without...

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