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LEMBKE PLUMBING AND HEATING v. HAYUTIN

No. 19643.

366 P.2d 673 (1961)

LEMBKE PLUMBING AND HEATING, a partnership; Henry H. Lembke, Sr., and Henry H. Lembke, Jr., as partners in Lembke Plumbing and Heating, Plaintiffs In Error, v. Irving J. HAYUTIN and Sima B. Hayutin, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied December 18, 1961.

Attorney(s) appearing for the Case

Wagner & Wyers, Denver, for plaintiffs in error.

Fred M. Winner, William G. Berge, Warren O. Martin, Denver, for defendants in error.

FRANTZ, Justice.

Although inaccurate in insignificant detail, as affecting this suit, we shall treat Hayutins as acting together in our consideration of this case. Their complaint was in two counts based on separate acts of negligence. On February 26, 1953 Lembke undertook by written contract to install plumbing in Hayutins' new house. As shown later, the contract is unimportant in the issues here except to show the employment.

Failure to protect a pipe in...

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