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SEAL v. HART

No. 86CA0443.

755 P.2d 462 (1988)

Randolph L. SEAL and Jil M. Waldera-Seal, Plaintiffs-Appellees, v. Lois B. HART, Defendant-Appellant. Lois B. HART and Arn Hart, Counterclaim Plaintiffs-Appellants, v. Randolph L. SEAL, Jil M. Waldera-Seal, Moore & Co., a Colorado corporation, and John L. Becker, Counterclaim Defendants-Appellees.

Colorado Court of Appeals, Div. III.

April 21, 1988.

Attorney(s) appearing for the Case

Fred C. Brigman, Jr., Boulder, for defendant-appellant and counterclaim plaintiffs-appellants Lois B. Hart and Arn Hart.

Cooper and Kelley, P.C., Bernard B. Sapp, Denver, for counterclaim defendants-appellees Moore & Co. and John L. Becker

John L. Springer, Aurora, for plaintiffs-appellees and counterclaim defendants-appellees Randolph L. Seal and Jil M. Waldera-Seal.

STERNBERG, Judge.

This is an appeal from summary judgments entered on a suit brought on a promissory note. The trial court ruled in favor of the holders of the note and also dismissed the defendants' counterclaim. We reverse.

The plaintiffs, Randolph L. Seal and Jil M. Waldera-Seal (sellers), listed for sale property consisting of a main building containing separate upper and lower living areas and a cabin. The listing was with defendant John L. Becker (agent...

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