WHITE v. SPENCER

No. 78-096.

594 P.2d 609 (1979)

Thomas B. WHITE, Plaintiff-Appellant, v. O. L. SPENCER and Charlotte Spencer, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

April 19, 1979.


Attorney(s) appearing for the Case

Geddes, MacDougall, Geddes & Paxton, P. C., M. E. MacDougall, Colorado Springs, for plaintiff-appellant.

Melat & Wheeler, Justin R. Melat, Colorado Springs, for defendants-appellees.


SMITH, Judge.

White commenced this action against the Spencers under C.R.C.P. 57 seeking a declaration of his rights and obligations under a deed of trust. From an adverse judgment White appeals, and we affirm in part, reverse in part, and remand for further proceedings.

In 1973 White bought 2,200 acres of land in eastern El Paso County from the Spencers for $233,200. White paid $53,200 as a down payment and the balance of $180,000 was paid by execution of...

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