Wiley v. Byrd

Opinion by

Mr. Justice McWilliams.

John Byrd and his wife, Birdie Byrd, entered into a written contract with Riverlea Homes, Inc., a Colorado Corporation, whereby Riverlea Homes, Inc. agreed to construct a dwelling house on certain described premises, and upon completion of the aforesaid dwelling house to then convey the property to the Byrds “in fee simple by warranty deed, without encumbrance.” In consideration for the several promises made by Riverlea Homes, Inc., the Byrds agreed to pay Riverlea Homes, Inc. the sum of $16,300. The Byrds paid Riverlea Homes, Inc. the sum of $50 at the time…