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HOMIER v. FARICY TRUCK & EQUIPMENT CO.

No. 87CA1513.

784 P.2d 798 (1988)

George E. HOMIER and Maureen Gale Homier, both individuals, d/b/a George Homier Trucking, Gene Houghton, an individual, and G.H. Enterprises, a partnership, whose partners are George Homier and Gene Houghton, Plaintiffs-Appellants, v. FARICY TRUCK & EQUIPMENT COMPANY, a Colorado corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing August 24, 1989.

Certiorari Denied December 18, 1989.

Attorney(s) appearing for the Case

Branden, Frindt & Krall, P.C., Ralph A. Branden, Jr., Colorado Springs, for plaintiffs-appellants.

Rector, Retherford, Muller & Johnson, L. Dan Rector and Neil C. Bruce, Colorado Springs, for defendant-appellant.

Opinion by Judge JONES.

In this contract action, plaintiffs (collectively Homier) appeal judgments entered against them after a trial to the court on their claims against defendant, Faricy Truck and Equipment Company (Faricy), and on defendant's counterclaims for deficiency. We reverse and remand for further proceedings.

Homier and Faricy entered into a written agreement whereby Homier, designated as purchaser, would purchase from Faricy, designated as seller...

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