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MORTIMER v. M.D.C./WOOD, INC.

No. 91CA0241.

854 P.2d 1307 (1992)

Gary MORTIMER, Catherine L. Mortimer, Jayesh P. Patel, Bakula Patel, Dennis J. Perret, Clarice J. Perret, Deborah M. Klee, David J. Klee, and Howard P. Jones, Plaintiffs-Appellants and Cross-Appellees, v. M.D.C./WOOD, INC., a Colorado corporation, formerly known as Wood Bros. Homes, Inc., Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing December 31, 1992.

Certiorari Granted July 12, 1993.

Attorney(s) appearing for the Case

White & Pickard, Joe Pickard, Denver, Richard M. Huckeby, Lakewood, for plaintiffs-appellants and cross-appellees.

Holley, Albertson & Polk, P.C., Scott D. Albertson, Dennis B. Polk, Golden, for defendant-appellee and cross-appellant.

Opinion by Judge ROTHENBERG.

Plaintiffs, a group of homeowners who purchased their individual houses in a Jefferson County subdivision developed by the defendant, M.D.C./Wood, Inc., appeal from the equitable decree of the trial court that denied plaintiffs' request to rescind each of the sales transactions. Because we conclude that plaintiffs are entitled to rescission, we reverse and remand with directions to enter judgment for the plaintiffs, and we dismiss defendant...

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