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MORTGAGE FINANCE, INC. v. PODLESKI

No. 85SC264.

742 P.2d 900 (1987)

MORTGAGE FINANCE, INC., a Colorado Corporation, Petitioner, v. Wojciech K. PODLESKI, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 5, 1987.

Attorney(s) appearing for the Case

Grant, McHendrie, Haines and Crouse, P.C., Peter J. Crouse, Charles H. Haines, Jr., Robert D. Mendenhall, Denver, for petitioner.

DeMuth & Kemp, Lael S. DeMuth, Barbara G. Chamberlain, Denver, for respondent.

VOLLACK, Justice.

We granted certiorari to review the court of appeals' decision in Podleski v. Mortgage Finance, Inc., 709 P.2d 18 (Colo.App. 1985), to consider whether exemplary damages may be awarded in a breach of contract action as a matter of law. The court of appeals held that exemplary damages may be recovered in a breach of contract action. We disagree, based upon our interpretation of the exemplary damages statute...

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