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DAMIANA v. KOWALSKI

No. 74-180.

532 P.2d 773 (1975)

Ronald DAMIANA, Plaintiff-Appellant, v. Walter A. KOWALSKI and Karen Kowalski, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

February 25, 1975.

Attorney(s) appearing for the Case

Michael J. Tauger, Samuel Brown, Denver, for plaintiff-appellant.

John A. Kintzele, Denver, for defendants-appellees.

Not Selected for Official Publication.

SILVERSTEIN, Chief Judge.

Buyer brought this action against Sellers for specific performance of a "Receipt and Option Contract," or, in the alternative, for the return of Buyer's $200 deposit. The Sellers counterclaimed, asserting the right to retain the deposit as liquidated damages. Following trial to the court, judgment was entered denying specific performance and awarding the deposit to the Sellers. We affirm the...

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