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BEIRIGER AND SONS IRRIGATION, INC. v. SOUTHWEST LAND CO. INC.

No. 84CA0444.

705 P.2d 532 (1985)

BEIRIGER AND SONS IRRIGATION, INC., a Colorado corporation, Plaintiff-Appellee, v. SOUTHWEST LAND COMPANY, INC., a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

July 18, 1985.

Attorney(s) appearing for the Case

Robert L. Pastore, Alamosa, for plaintiff-appellee.

Lucero & Kadinger, P.C., Richard A. Kadinger, Helen Sigmond, Alamosa, for defendant-appellant.

STERNBERG, Judge.

By contract entered into in mid-March 1982, Beiriger and Sons Irrigation, Inc., (seller) sold, and Southwest Land Company (purchaser) purchased, a sprinkler system to be used in irrigating Southwest's land. The contract price was $103,209, of which the purchaser paid $32,000 down, with the balance payable upon delivery. Because of design problems, the system did not become operational until July 4, 1982. The purchaser, therefore, refused to pay the...

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