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LONE STAR DEVELOPMENT CORP. v. MILLER

No. 76-1595.

564 F.2d 921 (1977)

LONE STAR DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. M. A. MILLER, a/k/a Michael A. Miller, and David M. Cross, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 25, 1977.

Rehearing Denied December 5, 1977.

Attorney(s) appearing for the Case

James J. Zak of Towey & Zak, Denver, Colo., for plaintiff-appellant.

John J. Keilbach of Preston, Altman & Parlapiano, Pueblo, Colo., for defendants-appellees.

Before SETH and DOYLE, Circuit Judges, and STANLEY, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

In this action in which damages are sought for alleged breach of contract for the sale of real estate, the basic issue is whether the presence of an unpaid loan owed by the vendor, which loan constituted a lien against the real property, was a justification for the vendees to rescind the contract and obtain refund of the down payment which had been made by the vendees.

On May 29, 1974, Lone Star Development Corp. entered into...

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