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WOLTHER v. SCHAARSCHMIDT

No. 85CA0783.

738 P.2d 25 (1986)

Matt WOLTHER, Plaintiff-Appellant, v. Donald SCHAARSCHMIDT, d/b/a Schaarschmidt Engineering, Defendant-Appellee, and West Way Associates, a partnership, and Andi Are, Defendants.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 29, 1987.

Certiorari Denied July 13, 1987.

Attorney(s) appearing for the Case

Rector, Retherford, Mullen & Johnson, L. Dan Rector, Colorado Springs, for plaintiff-appellant.

Cleveland, Wengler & Robbins, P.C., Edward D. Cleveland, Colorado Springs, for defendant-appellee Donald Schaarschmidt, d/b/a Schaarschmidt Engineering.

Certiorari Denied (Schaarschmidt) July 13, 1987.

CRISWELL, Judge.

Plaintiff, Matt Wolther, appeals the summary judgment that dismissed his negligent misrepresentation claim against defendant, Donald Schaarschmidt. Because we conclude that there are genuine issues of fact still to be resolved, we reverse.

Plaintiff entered into a contract with a third party (West Way) to purchase an older home and applied to a lending institution for a purchase money...

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