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NOTTINGHAM v. TEMPEL

No. 72-197.

509 P.2d 1290 (1973)

H. Arnold NOTTINGHAM and Allen Nottingham, Plaintiffs-Appellees, v. E. H. TEMPEL, Jr., Defendant-Appellant.

Colorado Court of Appeals, Div. II.

May 8, 1973.

Attorney(s) appearing for the Case

George Aucoin, Lakewood, Kenneth Breneman, Fort Morgan, for plaintiffs-appellees.

Johnson, McLachlan & Tempel, George McLachlan, Lamar, for defendant-appellant.

Not Selected for Official Publication.

COYTE, Judge.

This is an action by plaintiffs to recover the purchase price on a contract for the sale of 1400 head of "merchantable" sheep. The terms of this written contract, as entered into on May 9, 1966, provided, in pertinent part, that: "Sellers [plaintiffs] hereby sell to Buyer [defendant] and Buyer hereby purchases and agrees to pay for, 1400 head of merchantable two...

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