COMMERCIAL CLAIMS, LTD. v. CLEMENT BROS.

No. 83CA1121.

709 P.2d 88 (1985)

COMMERCIAL CLAIMS, LTD., Plaintiff-Appellant, v. CLEMENT BROTHERS COMPANY, Defendant-Appellee and Cross-Appellant, v. COMBS-GATES DENVER, INC., Involuntary Plaintiff and Cross-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 3, 1985.


Attorney(s) appearing for the Case

Sobol & Sobol, P.C., Kevin R. Ellis, Edward Olde, M. Bernard Sobol, Denver, for plaintiff-appellant.

Gorsuch, Kirgis, Campbell, Walker & Grover, Mary L. Murphy, Robert J. Kapelke, Denver, for defendant-appellee and cross-appellant.

No appearance for involuntary plaintiff and cross-appellee.


STERNBERG, Judge.

Following a non-jury trial, the court denied plaintiff's claim for services rendered and merchandise sold. The court also entered judgment denying defendant's counterclaim for expenses incurred in allowing the plaintiff to try to fulfill warranties, and for damages which resulted from the plaintiff's attempts to repair. Both parties appeal. We reverse and remand for a new trial.

The findings of fact and conclusions of law entered by the trial...

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