Fruhling v. Ellis

Opinion by

Mr. Justice Hall.

The parties appear here in the same order as they appeared in the trial court, and we refer to them by name or as they appeared below, as plaintiffs and defendants.

Plaintiffs instituted the action to recover a sum deposited as a down payment under a contract to purchase certain real property in Loveland, Colorado.

On August 17, 1954, the parties entered into a written contract whereby defendants agreed to sell and plaintiffs agreed to buy residential property, in said contract described as:

“Lot thirteen (13) of Hearthstone Addition to the City of Loveland, Colorado,…