Newhouser v. Sancetta

The plaintiff in error, R. A. Newhouser, doing business as the Wheat Ridge Realty Co., was the plaintiff in the trial court, and the defendant in error, Marion Sancetta, was the defendant. Newhouser brings writ of error from the trial court’s dismissal of the action at the close of his evidence.

The undisputed evidence showed that on May 31, 1962, the defendant, Sancetta, signed a “receipt and option” contract to purchase residence property located in Golden, Colorado. At that time, Sancetta gave a $1000 check as a down payment.

The contract provided, in part, that:

“* * * || any payment or…