GENTRY BUILDERS, LTD. v. FREEMAN

No. 73-110.

517 P.2d 469 (1973)

GENTRY BUILDERS, LTD., Plaintiff-Appellee, v. Doris H. FREEMAN and Mildred E. Freeman, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 4, 1973.

Certiorari Granted January 21, 1974.


Attorney(s) appearing for the Case

Blakemore McCarty, Ernest O. Tullis, Colorado Springs, for plaintiff-appellee.

Agee & Fann, Peter A. Goldstein, Colorado Springs, for defendants-appellants.


Selected for Official Publication.

ENOCH, Judge.

This suit originated as a forcible entry and detainer action filed by Gentry Builders to recover possession of Mr. and Mrs. Freeman's home. The Freemans counterclaimed for damages resulting from breach of implied warranty of fitness. Stipulations entered into by the parties disposed of all issues on the F.E.D. action, and trial was held solely on the counterclaim. At the close of Freemans' evidence, the trial...

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