Hoeprich v. Cummiskey

Opinion by

Mr. Justice Moore.

We shall refer to plaintiffs in error as the plaintiffs, and to defendants in error as the defendants or by name.

The action was brought to recover the sum of $2,000 which the plaintiffs had paid upon the execution of a contract entered into between them and the defendant Cummiskey, under the terms of which the plaintiffs agreed to purchase from the defendant a liquor business in Littleton, Colorado. It was alleged in paragraph 5 of the plaintiffs’ complaint:

“That said agreement was contingent upon defendants’ furnishing plaintiffs, as prospective purchasers of the…