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COMFORT HOMES, INC. v. PETERSON

No. 75-232.

549 P.2d 1087 (1976)

COMFORT HOMES, INC., a Colorado Corporation, Plaintiff-Appellant, v. Mr. and Mrs. Carl B. PETERSON, Jr., Defendants-Appellees.

Colorado Court of Appeals, Div. III.

April 22, 1976.

Attorney(s) appearing for the Case

Agee, Fann, Ewing & Goldstein, Peter A. Goldstein, Colorado Springs, for plaintiff appellant.

Murray, Baker & Wendelken, Ben S. Wendelken, Colorado Springs, for defendants appellees.

Selected for Official Publication.

VanCISE, Judge.

This is an action brought by the builder, Comfort Homes, Inc., against the owners, Mr. and Mrs. Carl Peterson, for damages for breach of contract prior to completion of construction. At the conclusion of the builder's case in a trial to the court, the owners' motion to dismiss was granted on the grounds that the builder had failed to prove damages and that the action was barred by the three-year statute of...

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