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BRUNDAGE v. PERRY

No. 77-1032.

592 P.2d 6 (1978)

Bruce B. BRUNDAGE, Plaintiff-Appellant, v. Peyton F. PERRY, Defendant-Appellee.

Colorado Court of Appeals, Division II.

Rehearing Denied December 21, 1978.

Certiorari Granted March 12, 1979.

Attorney(s) appearing for the Case

Holland & Hart, R. Brooke Jackson, Richard G. Caldwell, Denver, for plaintiff-appellant.

Bosworth & Slivka, P. C., Arthur H. Bosworth, II, Denver, Gorsuch, Kirgis, Campbell, Walker & Grover, Charles E. Rhyne, Gary S. Cohen, Denver, for defendant-appellee.

SMITH, Judge.

Plaintiff, Bruce B. Brundage, appeals from a judgment of the district court against him and in favor of defendant Peyton F. Perry. For the reasons set out below, we reverse the trial court's judgment.

This action concerns the effect and legality of a conditional option to repurchase certain realty located in Arapahoe County. On June 23, 1970, Brundage, Perry, and one Peter Hurth executed an instrument captioned "Contract of Sale and Repurchase...

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