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PALIPCHAK v. KENT CONSTRUCTION COMPANY

No. 75-776.

554 P.2d 718 (1976)

Ronald J. PALIPCHAK and Laura L. Pallpchak, Plaintiffs-Appellees, v. KENT CONSTRUCTION COMPANY, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

July 22, 1976.

Attorney(s) appearing for the Case

Cook & Vockrodt, John F. Cook, Aurora, for plaintiffs-appellees.

Berenbaum, Berenbaum, Weinberger & Susman, Michael L. Ehrlich, Denver, for defendant-appellant.

Selected for Official Publication.

ENOCH, Judge.

Defendant, a developer and seller of townhouses, appeals from a summary judgment in favor of plaintiffs, which judgment allowed them to recover the money deposited by them in anticipation of the purchase of a townhouse. We reverse.

On September 5, 1974, plaintiffs entered into a contract for the purchase of a townhouse from defendant. Plaintiffs deposited $2...

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