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SCOTT v. CROWN

No. 85CA1075.

765 P.2d 1043 (1988)

Larry R. SCOTT and Vera C. Scott, Plaintiffs-Appellees, v. Dennis CROWN, d/b/a Crown Company, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing November 25, 1988.

Attorney(s) appearing for the Case

Richard E. Conour, Elizabeth A. Conour, Joseph Van R. Clarke (on the briefs), Del Norte, for plaintiffs-appellees.

Richard J. Jacobs, P.C., Richard J. Jacobs, Alamosa, for defendant-appellant.

PLANK, Judge.

In this breach of contract action, defendant, Dennis Crown d/b/a Crown Company (Buyer), appeals from a judgment entered in favor of plaintiffs, Larry and Vera Scott, and from the dismissal of Buyer's counterclaim against them. We reverse.

During February 1983, Larry Scott (Seller) and Buyer entered into contract No. 76 for the sale of 16,000 bushels of U.S. No. 1 wheat. Pursuant to the contract, Buyer paid Seller $2,000 as an advanced payment...

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