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Greene v. Green Acres Construction Co.

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eBook details

  • Title: Greene v. Green Acres Construction Co.
  • Author : Colorado Court of Appeals
  • Release Date : January 23, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Plaintiffs seek recovery for damages as a result of faulty construction of a house built by defendant and sold by it to plaintiffs. Plaintiffs asserted three claims for relief, founded on negligence, strict liability, and breach of an implied warranty of fitness for habitability. All were predicated on improper design and construction of the house. Defendant in its answer asserted several affirmative defenses, and prior to trial moved for summary judgment on the ground that the action was barred by ร‚§ 13-80-127, C.R.S. 1973 (1969 Perm. Supp., C.R.S. 1963, 87-1-28(1)) since the action was not brought within two years after the claims for relief arose. The trial court granted the motion. Plaintiffs appeal from the ensuing judgment of dismissal. We reverse.


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