Legal Opinion · Dissent
Varady v. White
Colorado Court of Appeals
Decided July 21, 1982No. 81CA0027Published
1DissentVan Cise, Judge
I respectfully dissent from both I and II of the majority opinion.
I
In Varady I, this court remanded this case for the trial court to determine whether the Whites’ sale of their home was a “consumer credit sale” as defined in § 5-2-104(l)(a), C.R.S.1973. The court correctly found that it was not.
Under the statute, to be a “consumer credit sale” of an interest in land, credit must have been “granted or arranged by a person who regularly engages as a seller in credit transactions of the same kind.’’ (emphasis supplied) Relying primarily on Eby v. Reb Realty, Inc., 495 F.2d 646 (9th Cir.1974),…
2Cases cited12 opinions
- Betty Eby, a Widow v. Reb Realty, Inc., an Arizona Corporation, and Don Dailey Realty, an Arizona CorporationCourt of Appeals for the Ninth Circuit · 1974
- Austin C. Palmer and Helen M. Palmer, Husband and Wife v. Gladys S. WilsonCourt of Appeals for the Ninth Circuit · 1974
- James A. Rudisell v. The Fifth Third BankCourt of Appeals for the Third Circuit · 1980
- Joseph E. Gerasta, Josefina E. Gerasta, Wife of Joseph E. Gerasta v. Hibernia National Bank v. U. S. Building Materials Co., Inc.Court of Appeals for the Fifth Circuit · 1978
- Sosa v. FiteCourt of Appeals for the Fifth Circuit · 1974
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