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MODBILT HOMES, INC. v. SURE-BUILT, INC.

No. 73-204.

534 P.2d 332 (1975)

MODBILT HOMES, INC., a Colorado Corporation, Plaintiff-Appellant, v. SURE-BUILT, INC., a Colorado Corporation, et al., Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 25, 1975.

Certiorari Denied April 28, 1975.

Attorney(s) appearing for the Case

Harry H. Haddock, Denver, for plaintiff-appellant.

Seavy & Jensen, Alan N. Jensen, Pueblo, for defendants-appellees.

Not Selected for Official Publication.

SILVERSTEIN, Chief Judge.

On November 1, 1971, Modbilt Homes, Inc., (Modbilt) agreed to purchase three modular homes from Sure-Built, Inc., (Sure-Built) for $33,428.20. Along with its order, Modbilt paid a 50 percent down payment of $16,714.10. The contract provided that Modbilt would pick up the homes in Walsenburg, Colorado, on February 1, 1972, and pay the remaining balance upon delivery. On February 1, 1972, the three...

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