BROWN v. BROWN

No. 79CA0574.

608 P.2d 840 (1980)

Gordon D. BROWN and Leta Mayvis Brown, Plaintiffs-Appellants, v. Barrett Y. BROWN, as Personal Representative of the Estate of Mable Inez Brown, Deceased, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 31, 1980.

Certiorari Denied March 31, 1980.


Attorney(s) appearing for the Case

Houtchens, Houtchens & Daniel, Jerry C. Daniel, Greeley, for plaintiffs-appellants.

William Pehr, Westminster, for defendants-appellees.


BERMAN, Judge.

Plaintiffs appeal the trial court's granting of defendant's motion for summary judgment. We reverse.

In 1959, plaintiffs entered into an option agreement with the deceased, Mabel Inez Brown, for the purchase of certain property owned by the deceased at a price of $6,000. The agreement was recorded and provided that "upon [the deceased's] election to sell the above described property, or upon her death," the plaintiffs could exercise their option...

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