Legal Opinion

Esecson v. Bushnell

Colorado Court of Appeals

Decided February 3, 1983No. 82CA0239PublishedCited by 6 opinions

1Opinion of the Court

ENOCH, Chief Judge.

Plaintiff (seller) appeals from a judgment denying his claim for liquidated damages attributable to the alleged breach of a contract for the purchase of a condominium by defendant (buyer). We reverse and remand.

On March 13, 1981, the parties entered into a “receipt and option contract” whereby buyer agreed to purchase seller’s condominium. The contract called for an earnest money payment of $7,624, which was to be paid in part by a “credit” to buyer at closing of $2,624 to compensate her for the cost of obtaining the loan. The earnest money balance of $5,000 was paid by…

2Cases cited12 opinions

  1. Mowry v. JacksonSupreme Court of Colorado · 1959
  2. Hipps v. HennigSupreme Court of Colorado · 1968
  3. Western Air Lines, Inc. v. HollenbeckSupreme Court of Colorado · 1951
  4. Cruse v. ClawsonMontana Supreme Court · 1960
  5. In Re Marriage of WildinColorado Court of Appeals · 1977

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3Cited by6 opinions

  1. Rohauer v. LittleSupreme Court of Colorado · 1987
  2. Friends of Denver Parks, Inc. v. City & County of DenverColorado Court of Appeals · 2013
  3. State v. StooksberryTennessee Supreme Court · 1994
  4. Avemco Insurance Co. v. Northern Colorado Air Charter, Inc.Colorado Court of Appeals · 2001
  5. Avemco Insurance Co. v. Northern Colorado Air Charter, Inc.Colorado Court of Appeals · 2001

1 more not listed; retrieve them via the Exa API.

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