CALDWELL v. ARMSTRONG

No. 79CA0637.

642 P.2d 47 (1981)

Dan W. CALDWELL and Judy A. Caldwell, Plaintiffs-Appellants, v. Harvey L. ARMSTRONG, Betty M. Armstrong a/k/a Mae B. Armstrong, Rustic Realty, Inc., a Colorado corporation, Richard F. Jefford, and Joan Pratt, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing January 21, 1982.


Attorney(s) appearing for the Case

Barash, LeHouillier & Walsh, Patric J. LeHouillier, Colorado Springs, for plaintiffs-appellants.

Gresham, Stiefler & Gentry, E. Gentry, Colorado Springs, for defendants-appellees Harvey L. Armstrong, Betty M. Armstrong, a/k/a Mae B. Armstrong and Joan Pratt.

Orville A. Kenelly, Colorado Springs, for defendants-appellees Rustic Realty, Inc., and Richard F. Jefford.


BERMAN, Judge.

In an action arising from the sale of a house, plaintiffs, Dan W. and Judy A. Caldwell, appeal the judgment of the trial court. We affirm in part and reverse in part.

We are urged to dismiss the appeal because of the Caldwells' failure to comply strictly with C.A.R. 7. This issue was not preserved for our consideration by proper motion to the trial court, C.A.R. 7, and, in any event, it is without merit.

The Caldwells entered into a...

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