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CARPENTER v. DONOHOE

No. 20087.

388 P.2d 399 (1964)

Harold F. CARPENTER, Plaintiff in Error, v. Philip J. DONOHOE, Theresa M. Donohoe, and Northwestern National Insurance Company of Milwaukee, Wisconsin, Defendants In Error.

Supreme Court of Colorado, In Department.

January 20, 1964.

Attorney(s) appearing for the Case

Roepnack & Orahood, Arvada, for plaintiff in error.

Isaac S. Willson, Alfred J. Hamburg, Denver, for defendants in error.

FRANTZ, Justice.

The Donohoes filed their complaint for damages against Carpenter, alleging fraud in their first count and breaches of warranties, express or implied, in the second. Compelled by the trial court to elect at the conclusion of the evidence whether they relied on fraud or warranties, the Donohoes chose the former. Thereupon the trial court dismissed the count based upon breaches of warranties, and entered judgment in favor of the Donohoes on the fraud...

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