Zahn v. District Court in and for County of Weld

This proceeding is brought pursuant to R.C.P. Colo. 116 by which petitioners seek relief in the nature of mandamus against respondents.

Petitioners, John H. Zahn and Rose Marie Zahn, were plaintiffs in the trial court and by their complaint against defendants, Alvin A. Starck and Lawrence A. Starck, doing business as Starck Bros. Construction Co., sought damages for breach of a construction contract.

Plaintiffs’ complaint against defendants is based upon the alleged unskillful and negligent construction of a house by defendants for plaintiffs, contrary to plans and specifications and in…