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WEISS v. AMERICAN CONTINENTAL CORP.

No. 86CA1118.

765 P.2d 595 (1988)

Frank G. WEISS, III, and Debra L. Weiss, Plaintiffs-Appellants, v. AMERICAN CONTINENTAL CORPORATION, d/b/a Medema Homes, Inc., Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 7, 1988.

Certiorari Denied November 28, 1988.

Attorney(s) appearing for the Case

Zarlengo, Mott, Zarlengo & Winbourn, John C. Mott, Denver, for plaintiffs-appellants.

Brownstein Hyatt Farber & Madden, John W. Madden, III, William D. Mulcahy, Denver, for defendant-appellee.

HUME, Judge.

Plaintiffs, Frank G. Weiss, III, and Debra L. Weiss, appeal a summary judgment dismissing their claims against defendant, American Continental Corporation, d/b/a Medema Homes, Inc. Plaintiffs contend that the court erred in concluding their action was barred by former § 13-80-127(1), C.R.S. We agree and reverse.

Medema constructed a residence and sold it to the Kanes in 1979. Kanes in turn sold it to plaintiffs in August 1981. When plaintiffs...

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