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KENNEDY v. GILLAM DEVELOPMENT CORP.

No. 02CA1427.

80 P.3d 927 (2003)

Phyllis KENNEDY and Orvin Kennedy, Plaintiffs-Appellants, v. GILLAM DEVELOPMENT CORPORATION, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

October 9, 2003.

Attorney(s) appearing for the Case

Jorgensen, Motycka & Lewis, P.C., Mark A. Herber, Greeley, Colorado, for Plaintiffs-Appellants.

Campbell, Latiolais & Ruebel, P.C., Colin C. Campbell, Brian E. Martin, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge CARPARELLI.

Plaintiffs, Phyllis and Orvin Kennedy (buyers), appeal portions of a judgment entered in their favor rescinding a contract with defendant, Gillam Development Corporation (seller), for the purchase of a home. We affirm in part, reverse in part, and remand for further proceedings as necessary.

Buyers bought a new home from seller for $160,264.05. Seller warranted that it would make repairs...

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