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VELTEN v. ROBERTSON

No. 80CA1163.

671 P.2d 1011 (1983)

Bob VELTEN and Thomas Brady, Plaintiffs-Appellees, v. Olive ROBERTSON, Defendant and Third-Party Plaintiff-Appellant, v. Derrick ZIMMERMAN, Woodside Realty Company, and Charles Oschner, individually and doing business as Woodside Realty Company, a Colorado corporation, Third-Party Defendants-Appellees.

Colorado Court of Appeals, Division I.

Rehearing Denied June 2, 1983.

Certiorari Denied November 7, 1983.

Attorney(s) appearing for the Case

Louis A. Morrone, Denver, for plaintiffs-appellees.

Sherman & Howard, Raymond J. Turner, Denver, for defendant and third-party plaintiff-appellant.

Michael A. Littman, Wheat Ridge, for third-party defendants-appellees.

BERMAN, Judge.

The seller, Olive Robertson, appeals a judgment granting specific performance of a real estate contract to buyers, Bob Velten and Thomas Brady. We reverse.

In January of 1979, Derrick Zimmerman, a real estate salesman, contacted seller to inquire about her willingness to sell a 10-unit apartment building. The seller would not agree to give the salesman an exclusive listing on the property, but, because seller indicated that she might...

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