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FRUHLING v. ELLIS

No. 18872.

352 P.2d 656 (1960)

Jacob A. FRUHLING and Everene Fruhling, Plaintiffs in Error, v. Laurence E. ELLIS and Loy E. Ellis, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied June 13, 1960.

Attorney(s) appearing for the Case

Mellman, Mellman & Thorn, Denver, for plaintiffs in error.

H. W. Seaman, Conrad L. Ball, Loveland, for defendants in error.

HALL, Justice.

The parties appear here in the same order as they appeared in the trial court, and we refer to them by name or as they appeared below, as plaintiffs and defendants.

Plaintiffs instituted the action to recover a sum deposited as a down payment under a contract to purchase certain real property in Loveland, Colorado.

On August 17, 1954, the parties entered into a written contract whereby defendants...

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