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IDE v. JOE MILLER & CO.

No. 83CA0490.

703 P.2d 590 (1984)

John IDE and Dora Ide, Plaintiffs-Appellees, v. JOE MILLER & COMPANY, a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 17, 1985.

Certiorari Denied July 1, 1985.

Attorney(s) appearing for the Case

Robert C. Burroughs, Ault, for plaintiffs-appellees.

Weinshienk, Miller, Borus & Permut, Edward W. Stern, H. Michael Miller, Denver, for defendant-appellant.

STERNBERG, Judge.

John and Dora Ide, buyers, brought an action against Joe Miller and Co., seller, for specific performance and abatement of the purchase price of a farm. The dispute arose when a well on the property was determined to have the capacity to pump 115 gallons per minute instead of 350 gallons as specified in the contract of sale. The trial court ordered an abatement in the purchase price of $92,000 to approximately $55,000 based on testimony that the...

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