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KIMMEY v. PEEK

No. 80CA0806.

678 P.2d 1021 (1983)

George A. KIMMEY and Tommy J. Kimmey, Plaintiffs-Appellants and Cross-Appellees, v. Clyde E. PEEK and Earth Excavating, Inc., Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing September 8, 1983.

Certiorari Denied April 2, 1984.

Attorney(s) appearing for the Case

Haskell & Crandell, Daniel M. Haskell, Radosevich & Stokes, C.M. Radosevich, Denver, for plaintiffs-appellants and cross-appellees.

James R. Benson, Jr., Denver, for defendants-appellees and cross-appellants.

KELLY, Judge.

Plaintiffs, George and Tommy Kimmey, appeal from a jury verdict in favor of defendants Clyde E. Peek and Earth Excavating, Inc. Plaintiffs sued for breach of contract in the construction of their home, and Peek and Earth Excavating counterclaimed for the amount still due for work performed, and for fraud in failing to execute a mutual release to which the parties had agreed and upon which the defendants had relied in allowing their mechanic's lien rights...

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