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SEAGO v. FELLETT

No. 80CA0431.

676 P.2d 1224 (1983)

Mr. and Mrs. Loren L. SEAGO, Mr. and Mrs. James L. Freeman, Emmit Yates, and Keith Yates, Plaintiffs-Appellants and Cross-Appellees, v. Louis A. FELLET, a/k/a Louie Fellet, Defendant-Appellee, Third-Party Plaintiff, and Cross-Appellant, v. CITY OF LAKEWOOD, a Colorado municipal corporation, Third-Party Defendant.

Colorado Court of Appeals, Division II.

Rehearing Denied November 23, 1983.

Attorney(s) appearing for the Case

Louis A. Weltzer, Denver, for plaintiffs-appellants and cross-appellees.

Banta, Hoyt, Banta, Greene, Hannen & Everall, Richard D. Greene, Englewood, for defendant-appellee, third-party plaintiff and cross-appellant.

Gorsuch, Kirgis, Campbell, Walker, & Grover, Wiley Y. Daniel, Mary E. Walta, Denver, for third-party defendant.

KELLY, Judge.

Plaintiffs Seagos and Freemans appeal the amount of damages awarded them after a trial to the court in a breach of contract action against defendant Fellet, arguing that the proper measure of damages was the diminution in value to their property rather than the cost of Fellet's performance. Plaintiffs Emmit and Keith Yates appeal the trial court's dismissal of their claim for failure to join their joint tenants in the action. Fellet cross-appeals the...

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