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UTZ v. MOSS

No. 71-423.

503 P.2d 365 (1972)

Edward Scott UTZ and Judith L. Utz, Plaintiffs-Appellees, v. Donald R. MOSS and Eileen Pryor, Individually and d/b/a Pryor-Moss Realtors, Defendants-Appellees, Custom Builders, Inc., a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

November 21, 1972.

Attorney(s) appearing for the Case

Sonheim, Whitworth & Helm, Arvada, for plaintiffs-appellees.

Holley, Boatright & Villano, David C. Deuben, Wheat Ridge, for defendants-appellees.

Robert W. Caddes, Denver, for defendant-appellant.

Selected for Official Publication.

PIERCE, Judge.

Pryor-Moss Realtors (Pryor-Moss), principally engaged in the business of real estate sales, owned, among other properties, two lots in Jefferson County upon which they desired to have a house constructed for immediate resale. They contracted with Custom Builders, Inc., (Custom) for the construction. In the written contract, Custom expressly warranted that any defects in the construction would be remedied by...

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