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JOHNSON v. GRAHAM

No. 81CA0944.

679 P.2d 1090 (1983)

Wayne A. and Cheryl JOHNSON, Plaintiffs-Appellees and Cross-Appellants, v. Robert G. GRAHAM, Defendant-Appellant, Builders Realty, Inc., Defendant and Cross-Appellee, and Tri-Aspen Construction Co., Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 13, 1983.

Certiorari Granted April 9, 1984.

Attorney(s) appearing for the Case

Rector, Retherford, Mullen & Johnson, Neil C. Bruce, Anthony A. Johnson, Colorado Springs, for plaintiffs-appellees and cross-appellants.

Trott, Kunstle & Hughes, Bernard L. Trott, Gary L. Gustafson, Colorado Springs, for defendant-appellant and cross-appellee Tri-Aspen Const. Co.

Strand & Meadows, P.C., Edwin Strand, Colorado Springs, for defendant-appellant Robert G. Graham and defendant and cross-appellee Builders Realty, Inc.

VAN CISE, Judge.

Defendants Tri-Aspen Construction Company and Robert G. Graham appeal judgments entered against them and in favor of plaintiffs, Wayne and Cheryl Johnson, following a jury trial. The Johnsons cross-appeal a directed verdict in favor of defendant Builders Realty, Inc., and a summary judgment on the Johnsons' claim of implied warranty of habitability in favor of Tri-Aspen. We affirm in part and reverse in part.

In November or December 1973,...

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