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DUNCAN v. SCHUSTER-GRAHAM HOMES, INC.

No. C-1216.

578 P.2d 637 (1978)

James J. DUNCAN and Hannah F. Duncan, Petitioners, v. SCHUSTER-GRAHAM HOMES, INC., Respondent and Third-Party Petitioner-Cross-Petitioner, v. George HUBBARD, R. Keith Hook, and R. Keith Hook & Associates, Third-Party Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 30, 1978.

Attorney(s) appearing for the Case

Mason & Davis, Robert J. Mason, Colorado Springs, for petitioners.

David C. Mize, Colorado Springs, for respondent and third-party-cross-petitioner.

Cole, Hecox, Tolley, Edwards & Keene, P. C., Lawrence A. Hecox, Colorado Springs, for third-party respondents.

CARRIGAN, Justice.

The petitioners, James and Hannah Duncan, brought this action against the respondent, Schuster-Graham Homes, seeking damages claimed to have been incurred as a result of Schuster-Graham's alleged breach of an implied warranty of habitability. The trial court denied the claim and the court of appeals affirmed. Duncan v. Schuster-Graham, Colo.App., 563 P.2d 976 (1977). Certiorari was granted. We reverse and...

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