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LOUP-MILLER v. BRAUER & ASSOC.—ROCKY MOUNTAIN

No. 76-360.

572 P.2d 845 (1977)

LOUP-MILLER, a partnership, and Loup-Miller Construction Co., a Colorado Corporation, Plaintiffs-Appellants, v. BRAUER & ASSOCIATES—ROCKY MOUNTAIN, INC., formerly known as Phelps-Brauer & Associates, and Tim Cox, d/b/a Tim Cox Construction Co., Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearings Denied October 13, 1977.

Attorney(s) appearing for the Case

Sterling, Simon & Rubner, Roger L. Simon, Denver, for plaintiffs-appellants.

De Marino & Knapp, William H. Knapp, Denver, for defendant-appellee Brauer & Associates—Rocky Mountain, Inc.

Sheldon, Bayer, McLean & Glasman, P. C., Richard H. Glasman, Denver, for defendant-appellee Tim Cox d/b/a Tim Cox Const. Co.

RULAND, Judge.

Plaintiffs, Loup-Miller, a partnership, and Loup-Miller Construction Co., appeal from the judgment entered upon a jury verdict in favor of defendants, Brauer & Associates—Rocky Mountain, Inc., and Tim Cox, in an action to recover damages for negligent construction of a golf course by defendants. We reverse and remand for a new trial.

The record reflects the following sequence of events. In May of 1972, Loup-Miller purchased land in...

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