ESECSON v. BUSHNELL

No. 82CA0239.

663 P.2d 258 (1983)

Stanton R. ESECSON, Plaintiff-Appellant, v. Donna BUSHNELL, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 17, 1983.


Attorney(s) appearing for the Case

Allen G. Reeves, Denver, for plaintiff-appellant.

Edward M. Billeck, Denver, for defendant-appellee.


ENOCH, Chief Judge.

Plaintiff (seller) appeals from a judgment denying his claim for liquidated damages attributable to the alleged breach of a contract for the purchase of a condominium by defendant (buyer). We reverse and remand.

On March 13, 1981, the parties entered into a "receipt and option contract" whereby buyer agreed to purchase seller's condominium. The contract called for an earnest money payment of $7,624, which was to be paid in part by a "credit...

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