MULHERN v. HEDERICH

No. 21518.

430 P.2d 469 (1967)

R. E. MULHERN, doing business as Mulhern Construction Company, and doing business as Dick Mulhern Construction Company, Plaintiff in Error, v. Carl F. HEDERICH and Dorothy M. Hederich, Defendants in Error.

Supreme Court of Colorado, In Department.

July 17, 1967.


Attorney(s) appearing for the Case

Schmidt & Van Cise, Denver, for plaintiff in error.

Fuller & Evans, Dwight A. Hamilton, Robert W. Holt, Denver, for defendants in error.


DAY, Justice.

This action was instituted in the district court for the alleged breach of an implied warranty of fitness for habitation in the construction of a house. We will refer to the parties by name.

The Hederichs purchased the house from Mulhern, a building contractor, when it was in the process of being constructed. The contract to purchase was signed about two weeks after the Hederichs had seen the property, with only the concrete foundation walls...

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