Legal Opinion

Certified Realty Corp. v. Smith

Supreme Court of Colorado

Decided July 23, 1979No. C-1687PublishedCited by 8 opinions

1Opinion of the CourtJustice Groves

Certified Realty Company (CRC) appeals from the judgment of the court of appeals, 41 Colo. App. 170, 585 P.2d 293 (1978), reversing the district court’s holding that Smith could recover only overdue payments despite an acceleration clause in the promissory note. We affirm.

Smith held CRC’s promissory note for $293,000 which was secured by a deed of trust. The note provided for acceleration in the event of default.

CRC defaulted on the annual payment due January 8, 1976. After-wards CRC submitted a check which was returned for lack of sufficient funds and erroneously tendered a check made out to…

2Cases cited3 opinions

  1. Ulander v. AllenColorado Court of Appeals · 1976
  2. Foster Lumber Co., Inc. v. Weston Constructors, Inc.Colorado Court of Appeals · 1974
  3. Smith v. Certified Realty Corp.Colorado Court of Appeals · 1978

3Cited by8 opinions

  1. Bayou Land Co. v. TalleySupreme Court of Colorado · 1996
  2. In Re SweetUnited States Bankruptcy Court, D. Colorado · 2007
  3. Lakeside Ventures, LLC v. Lakeside Development Co.Colorado Court of Appeals · 2002
  4. Bauer Development Co. v. Nu-West, Inc.Colorado Court of Appeals · 1988
  5. Carothers v. Department of Institutions, Grand Junction Regional CenterSupreme Court of Colorado · 1993

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