Mitchell v. Evans

Opinion by

Mr. Chief Justice Day.

Plaintiffs in error were sellers in a contract involving real estate. The defendant in error is the executrix of the estate of Evans who in his lifetime offered to purchase the property and who instituted the action to recover the down payment made by him.

We will refer to the parties as sellers and Evans.

Trial was to the court, resulting in a judgment in favor of Evans.

The case was submitted on stipulations. The facts as settled by the parties are that on June 5, 1959, sellers and Evans entered into a purchase contract concerning real property in Larimer…