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MARCOR HOUSING SYSTEMS v. FIRST AM. TITLE CO.

No. 77-025.

584 P.2d 86 (1978)

MARCOR HOUSING SYSTEMS, INC., Plaintiff-Appellee, v. FIRST AMERICAN TITLE COMPANY of Colorado, Defendant, The O'Hara Group Denver, Ltd., Defendant-Appellant, The First National Bank of Englewood, Applicant for Intervention-Appellant.

Colorado Court of Appeals, Division II.

Rehearing Denied June 15, 1978.

Certiorari Granted September 5, 1978.

Attorney(s) appearing for the Case

Ireland, Stapleton, Pryor & Holmes, William C. Jensen, James C. Ruh, Denver, for plaintiff-appellee.

No appearance on behalf of Defendant First American Title Company of Colorado.

Banta & Eason, P. C., William K. Malone, Stephen G. Everall, Englewood, for defendant-appellant and applicant for intervention-appellant.

BERMAN, Judge.

Plaintiff, Marcor Housing Systems, Inc. (Marcor), instituted this action against defendant, The O'Hara Denver, Ltd., a Colorado corporation (O'Hara Denver), to recover as liquidated damages for breach of several land sale contracts, $125,000 held in escrow by First American Title Company of Colorado (First American). The trial court determined that Marcor, the vendor, was entitled to the escrow funds because of the

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