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F & S CONSTRUCTION COMPANY v. CHRISTLIEB

No. 21860.

441 P.2d 656 (1968)

F & S CONSTRUCTION COMPANY, an Arizona corporation, Plaintiff in Error, v. Thomas V. CHRISTLIEB and Patricia J. Christlieb, Defendants in Error.

Supreme Court of Colorado, In Department.

June 10, 1968.

Attorney(s) appearing for the Case

Fugate & Mitchem, Larry F. Hobbs, Denver, for plaintiff in error.

Edward J. McHugh, Denver, for defendants in error.

PRINGLE, Justice.

Plaintiff in error is here attacking an order of the District Court of Adams County denying its motion to set aside a default judgment.

Thomas V. Christlieb and Patricia J. Christlieb (hereinafter referred to as plaintiffs) sued F & S Construction Company (hereinafter referred to as defendant, or F & S) for breach of an implied warranty in the sale of a new residence.

The complaint, filed September 9, 1964, alleged that the...

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