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HOFFMAN'S DOUBLE BAR PINE NURSERY v. FYKE

No. 79CA0402.

633 P.2d 516 (1981)

HOFFMAN'S DOUBLE BAR PINE NURSERY, Plaintiff-Appellee, v. Bill FYKE, d/b/a Mountain Meadows Nursery, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 9, 1981.

Attorney(s) appearing for the Case

Steven Henry DeVito, Denver, for plaintiff-appellee.

Richard O. Pittam, Denver, for defendant-appellant.

STERNBERG, Judge.

Bill Fyke, d/b/a Mountain Meadows Nursery, appeals a judgment entered against him on Hoffman's Double Bar Pine Nursery's claim for breach of contract, contending he was entitled to a set-off on his counterclaim for breach of warranty, having given Hoffman's adequate notice that the nursery stock it purchased was substandard, as § 4-2-607(3)(a), C.R.S.1973, requires. We affirm in part and reverse in...

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