KAISER v. WRIGHT

No. 78-645.

630 P.2d 87 (1979)

Christopher H. KAISER, Plaintiff-Appellant, v. David L. WRIGHT and Donald M. Chaplin, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 20, 1979.

Certiorari Granted December 3, 1979.


Attorney(s) appearing for the Case

Weinshienk, Miller, Borus & Permut, Barry Permut, H. Michael Miller, Denver, for plaintiff-appellant.

Oates, Austin, McGrath & Jordan, Ronald D. Austin, Aspen, for defendants-appellees.


BERMAN, Judge.

Plaintiff appeals from a judgment, entered after trial to the court, which declared a forfeiture of his earnest money under a real estate contract. We affirm.

The parties contracted for plaintiff to purchase a house from defendant Wright. Plaintiff paid $20,000 earnest money to defendant Chaplin, the selling broker. The contract provided that, at the time of closing, payment of $45,000 in cash together with two promissory notes totalling $110...

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