Sports Premiums, Inc. v. Kaemmer, No. 77-1086
| Docket Nº | No. 77-1086 |
| Citation | 42 Colo.App. 172, 595 P.2d 696 |
| Case Date | February 08, 1979 |
| Court | Court of Appeals of Colorado |
Page 696
v.
John R. KAEMMER, Julia D. Kaemmer, the Bank of Vail, a
corporation, Slifer& Company, a corporation, F.
Charles Duryea, Jr., Dorothy C. Duryea,
and Gore Valley Title, Inc.,
Defendants-Appellees.
Rehearing Denied March 8, 1979.
Certiorari Denied May 14, 1979.
[42 Colo.App. 173]
Page 697
Cosgriff, Dunn & French, John W. Dunn, Leadville, Jim K. Choate, Dallas, Tex., for plaintiff-appellant.Page 698
Stewart H. Brown, Vail, for defendants-appellees John R. Kaemmer, Julia D. Kaemmer and Bank of Vail.
Bader & Dufty, Robert J. Dyer, III, Denver, for defendants-appellees Slifer & Co. and Gore Valley Title, Inc.
No appearance for defendants-appellees F. Charles Duryea, Jr. and Dorothy C. Duryea.
STERNBERG, Judge.
Sports Premiums, Inc., appeals the denial of its claim to be declared the owner of a condominium unit in Vail. The trial court found the unit was owned by the defendants Kaemmers. We affirm.
Plaintiff, Sports Premiums, Inc., and defendants, the Duryeas, owned units in the All Seasons Condominiums in Vail. The Duryeas entered into [42 Colo.App. 174] a contract on July 10, 1975, to sell their unit to the Kaemmers. However, the condominium declaration gave a right of first refusal, a preemptive option, to all owners of units in All Seasons.
The declaration provided that should a unit owner receive a bona fide offer from a prospective purchaser, the owner was required to give immediate written notice thereof and a copy of the offer to the board of managers for all the owners. The declaration further stated:
"The remaining unit owners through the Board of Managers, or a person named by them, shall have the right to purchase or lease the subject apartment Upon the same terms and conditions as set forth in the offer therefor, provided written notice of such election to purchase or lease is given to the selling or leasing owner, and a matching down payment or deposit is provided to the selling or leasing owner during the 20 day period immediately following the delivery of the notice of the bona fide offer and copy thereof to purchase . . . ." (emphasis added)
The Duryea-Kaemmer contract provided for a sales price of $65,000 with an earnest money deposit of $2,000 and the balance of $63,000 due as provided in the contract. It further provided:
"1. Contract is contingent upon purchaser obtaining a loan of at lease (sic) 80% ($52,000) at an interest rate not to exceed 91/2% and for a period of at least 20 years. Said loan must be obtained within 25 days of this contract or contract is null and void and all earnest monies shall be returned to purchaser.
2. Contract is subject to the Right of First Refusal of the All Seasons Condominium Association.
3. The balance of $11,000 to be paid in cash or certified funds upon closing.
4. Title shall be merchantable in the seller. Subject to payment or tender as above provided in compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient general warranty deed to said purchaser on 8 August, 1975, or, by mutual agreement, at an earlier date . . . .
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or performed by purchaser as herein provided, then this contract shall be null and void and of no effect, and both parties hereto released from all obligations hereunder, and all [42 Colo.App. 175] payments made hereon shall be retained on behalf of the seller, as liquidated damages."
Defendant Slifer & Company, the Duryeas' real estate agent, gave notice to All Seasons Board of Managers on July 16, 1975, and the board notified the other unit owners on July 18. Sports Premiums, Inc., received the notice on July 22 and by letter dated July 29 sent a $2,000 check and advised the board it elected to purchase the unit on "the terms, conditions, and considerations expressed in said notice."
The board of managers determined the closing date had to be set back to August 11, because of their policy of allowing three days for mailing notice to the unit owners. The Kaemmers and Duryeas agreed in writing to extend their closing date to August 11.
Page 699
The trial court found that during a telephone conversation between a Slifer representative and one Hamilton, the president of Sports Premiums, on August 1, Hamilton was told that the closing date was set for August 11; but that it was Hamilton's stated position at that time, and in a subsequent letter, that the closing date was August 23, thereby appropriating to Sports Premiums' benefit the condition of...
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Gyurkey v. Babler, No. 13466
...that offer, the preemptor must fully meet the terms and conditions of the offer in his acceptance. See Sports Premiums, Inc. v. Kaemmer, 595 P.2d 696 (Colo.App.1979); Duane Sales, Inc. v. Carmel, 49 N.Y.2d 862, 427 N.Y.S.2d 930, 405 N.E.2d 175 (1980). It necessarily follows as a corollary t......
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Collopy v. Wildlife Commission, Dept. of Natural Resources, No. 79SA43
...land-use regulations constitute a taking "is a question of degree which requires an evidentiary determination." 42 Colo.App. at ---, 595 P.2d at 696. See also U. S. Disposal v. City of Northglenn, 193 Colo. 277, 567 P.2d 365 (1977) (Erickson, J., dissenting; "the question of whether the eco......
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Karakehian v. Boyer, No. 93CA1045
...Colo. 365, 447 P.2d 977 (1968). An option must be exercised in strict compliance with its terms. See Sports Premiums, Inc. v. Kaemmer, 42 Colo.App. 172, 595 P.2d 696 (1979). Accordingly, an orally exercised option is not valid if the agreement calls for written exercise. See T.W. Anderson M......
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Seessel Holdings, Inc. v. Fleming Companies, Inc., No. 96-2620-GV.
...the initial agreement. Sager v. Rogers, 1987 WL 6718, at *2 (Tenn. Ct.App.1987) (emphasis added) (citing Sports Premiums, Inc. v. Kaemmer, 595 P.2d 696 (Colo.App.1979); Quigley v. Capolongo, 53 A.D.2d 714, 383 N.Y.S.2d 935 (1976), aff'd 43 N.Y.2d 748, 401 N.Y.S.2d 1009, 372 N.E.2d 797 (1977......
-
Gyurkey v. Babler, No. 13466
...that offer, the preemptor must fully meet the terms and conditions of the offer in his acceptance. See Sports Premiums, Inc. v. Kaemmer, 595 P.2d 696 (Colo.App.1979); Duane Sales, Inc. v. Carmel, 49 N.Y.2d 862, 427 N.Y.S.2d 930, 405 N.E.2d 175 (1980). It necessarily follows as a corollary t......
-
Collopy v. Wildlife Commission, Dept. of Natural Resources, No. 79SA43
...land-use regulations constitute a taking "is a question of degree which requires an evidentiary determination." 42 Colo.App. at ---, 595 P.2d at 696. See also U. S. Disposal v. City of Northglenn, 193 Colo. 277, 567 P.2d 365 (1977) (Erickson, J., dissenting; "the question of whether the eco......
-
Karakehian v. Boyer, No. 93CA1045
...Colo. 365, 447 P.2d 977 (1968). An option must be exercised in strict compliance with its terms. See Sports Premiums, Inc. v. Kaemmer, 42 Colo.App. 172, 595 P.2d 696 (1979). Accordingly, an orally exercised option is not valid if the agreement calls for written exercise. See T.W. Anderson M......
-
Seessel Holdings, Inc. v. Fleming Companies, Inc., No. 96-2620-GV.
...the initial agreement. Sager v. Rogers, 1987 WL 6718, at *2 (Tenn. Ct.App.1987) (emphasis added) (citing Sports Premiums, Inc. v. Kaemmer, 595 P.2d 696 (Colo.App.1979); Quigley v. Capolongo, 53 A.D.2d 714, 383 N.Y.S.2d 935 (1976), aff'd 43 N.Y.2d 748, 401 N.Y.S.2d 1009, 372 N.E.2d 797 (1977......