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JOHNSON v. BENSON

No. 84CA0619.

725 P.2d 21 (1986)

R.M. JOHNSON, and Lindsey A. Johnson, Plaintiffs-Appellees, v. James J. BENSON, and Carl E. Benson, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing April 17, 1986.

Certiorari Denied September 2, 1986.

Attorney(s) appearing for the Case

Garfield & Hecht, P.C., Clifton D. Burdick, Jeremy M. Bernstein, Aspen, for plaintiffs-appellees.

Thomas T. Crumpacker, Aspen, for defendants-appellants.

STERNBERG, Judge.

Defendants, James L. and Carl E. Benson (sellers), appeal from a judgment awarding plaintiffs, R.M. and Lindsey A. Johnson (buyers), restitution of money paid under a receipt and option contract. We affirm.

In August 1981, the parties executed a contract whereby buyers agreed to purchase a house to be constructed by sellers in the Aspen area. Contract provisions pertinent to this appeal state:

"Closing shall take place thirty-two...

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