Legal Opinion

Lone Star Development Corporation v. M. A. Miller, A/K/A Michael A. Miller, and David M. Cross

Court of Appeals for the Tenth Circuit

Decided December 5, 1977No. 76-1595PublishedCited by 3 opinions

1Opinion of the Court

WILLIAM E. DOYLE, Circuit Judge.

In this action in which damages are sought for alleged breach of contract for the sale of real estate, the basic issue is whether the presence of an unpaid loan owed by the vendor, which loan constituted a lien against the real property, was a justification for the vendees to rescind the contract and obtain refund, of the down payment which had been made by the vendees.

On May 29,1974, Lone Star Development Corp. entered into a contract with defendants-appellees to sell to the latter certain real property in Pueblo County, Colorado, for the sum of $588,000.…

2Cases cited8 opinions

  1. Gaskin v. JonesSupreme Court of South Carolina · 1942
  2. Continental Oil Co. v. MulichCourt of Appeals for the Tenth Circuit · 1934
  3. Garbarino v. Union Savings & Loan Ass'nSupreme Court of Colorado · 1941
  4. Johnson v. MaloneSupreme Court of Alabama · 1949
  5. White v. EvansSupreme Court of Colorado · 1949

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Kaiser v. WrightSupreme Court of Colorado · 1981
  2. Rankin v. McFerrinColorado Court of Appeals · 1980
  3. Kaiser v. WrightColorado Court of Appeals · 1979

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