Blitz v. Marino

Opinion by

Judge REED.

The plaintiff, Robert Blitz, appeals the summary judgment dismissing his action for recovery on a promissory note and foreclosure of the deed of trust securing the note. The defendants, Bank of Aspen and Jim Marino, cross-appeal the trial court’s denial of their claim for attorney fees. We reverse.

The facts, with one exception, are undisputed. Blitz was the payee and holder of a promissory note dated November 10, 1981, and executed by E.R. Gordon and W.H. Birk in connection with their purchase of a condominium. The note provided that interest would begin to accrue in July…