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GUNDERSONS, INC. v. TULL

No. 82CA1274.

678 P.2d 1061 (1983)

GUNDERSONS, INC., a South Dakota Corporation, Plaintiff-Appellant, v. James H. TULL, H.D., "Hersch" McGraw, Thomas M. Peck, Joseph Coyte, Albert R. Oesterle, Gerald D. Kraus, Alfred D. Peck, Willard E. Morley, Gordon Adler, Donald W. Mullison, The Parker-Cordova Partnership, Court Square Investment Company, Ptarmigan Investment Company, a Colorado General Partnership and Ptarmigan Investment Company, a Colorado Limited Partnership, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 15, 1983.

Certiorari Granted March 26, 1984.

Attorney(s) appearing for the Case

Holland & Hart, Wiley E. Mayne, Scott S. Barker, Denver, for plaintiff-appellant.

Fischer & Wilmarth, Steven G. Francis, Fort Collins, for defendants-appellees.

BERMAN, Judge.

In an action alleging breach of contract by defendant, Ptarmigan Investment Company, the plaintiff, Gundersons, Inc., a golf course construction company authorized to do business in the State of Colorado, appeals the trial court's denial of an award for lost profits and other out-of-pocket expenses and mitigation damages. We reverse.

On July 26, 1979, defendant Ptarmigan Investment Company, a partnership, accepted plaintiff's bid to build a...

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