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KOLE v. PARKER YALE DEVELOPMENT COMPANY

No. 73-459.

536 P.2d 848 (1975)

Daniel KOLE and Anita Kole, Plaintiffs-Appellees, v. The PARKER YALE DEVELOPMENT COMPANY, a Colorado Corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified June 16, 1975.

Rehearing Denied April 15, 1975.

Certiorari Denied June 23, 1975.

Attorney(s) appearing for the Case

Litvak, Schwartz & Karsh, P. C., Alan E. Karsh, Denver, for plaintiffs-appellees.

Meer, Wolf & Slatkin, P. C., Albert B. Wolf, Denver, for defendant-appellant.

Not Selected for Official Publication.

KELLY, Judge.

Defendant, The Parker Yale Development Co., appeals from a judgment granting plaintiffs, Mr. and Mrs. Kole, rescission of their contract to purchase a condominium unit to be built by Parker-Yale, and ordering return of the Koles' $3,000 cash down payment and cancellation of the $3,000 promissory note given by the Koles as the balance on the down payment. We reverse.

The contract between the Koles...

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