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CERTIFIED RLTY. CORP. v. SMITH

No. C-1687.

597 P.2d 1043 (1979)

CERTIFIED REALTY CORPORATION, a Colorado Corporation, Petitioner, v. Robert T. SMITH, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 13, 1979.

Attorney(s) appearing for the Case

Berenbaum & Weinberger, Thomas R. Bromberg, Charles P. Leder, Denver, for petitioner.

Cogswell, Chilson, Dominick & Whitelaw, John H. Chilson, Denver, for respondent.

GROVES, Justice.

Certified Realty Company (CRC) appeals from the judgment of the court of appeals, Colo.App., 585 P.2d 293 (1978), reversing the district court's holding that Smith could recover only overdue payments despite an acceleration clause in the promissory note. We affirm.

Smith held CRC's promissory note for $293,000 which was secured by a deed of trust. The note provided for acceleration in the event of default...

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