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ROPER v. SPRING LAKE DEVELOPMENT CO.

No. 88CA1169.

789 P.2d 483 (1990)

Wayne R. ROPER, Plaintiff-Appellee, v. SPRING LAKE DEVELOPMENT COMPANY, a Colorado general partnership, Defendant, and The Cumberland Companies, Inc., a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

February 15, 1990.

Attorney(s) appearing for the Case

Richard P. Ranson, P.C., Richard P. Ranson, Colorado Springs, for plaintiff-appellee.

The Law Offices of Dayton Denious, Dayton Denious and Robinson, Waters, O'Dorisio and Rapson, William P. Denious, Denver, for defendant-appellant.

Opinion by Judge DUBOFSKY.

In this action premised on an alleged breach of the warranty of habitability, defendant, Cumberland Companies, Inc., appeals the judgment entered in favor of plaintiff, Wayne Roper, rescinding a contract for the sale of a townhome. We affirm in part and reverse in part.

On October 23, 1982, plaintiff contracted to purchase a townhome with an attached garage from defendant who was the developer of the subdivision in which the townhome...

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