Legal Opinion

Summerhouse Condominium Ass'n v. Majestic Savings & Loan Ass'n

Colorado Court of Appeals

Decided July 17, 1980No. 79CA1179PublishedCited by 12 opinions

1Opinion of the Court

COYTE, Judge.

Plaintiff, Summerhouse Condominium Association (Association), appeals the judgment of the trial court granting defendants’ motion to dismiss the amended complaint. We affirm.

In its amended complaint, the Association, “for itself and on behalf of its members,” sought relief for breach of contract, breach of warranty, and breach of fiduciary duty arising out of the development and sale of the Summerhouse Condominium project (Condominium). All members of the Association are Condominium unit owners.

In response, defendants filed a motion to dismiss for failure to state a claim and for…

2Cases cited5 opinions

  1. Carpenter v. DonohoeSupreme Court of Colorado · 1964
  2. Glisan v. SmolenskeSupreme Court of Colorado · 1963
  3. United Fire & Casualty Co. v. Nissan Motor Corp. in U.S.A.Supreme Court of Colorado · 1967
  4. Borwick v. BoberColorado Court of Appeals · 1974
  5. Nelson v. NelsonColorado Court of Appeals · 1972

3Cited by12 opinions

  1. Jablonsky v. KlemmNorth Dakota Supreme Court · 1985
  2. Terre Du Lac Ass'n v. Terre Du Lac, Inc.Missouri Court of Appeals · 1987
  3. Cigal v. Leader Development Corp.Massachusetts Supreme Judicial Court · 1990
  4. Drexel Properties, Inc. v. BAY COLONY, ETC.District Court of Appeal of Florida · 1981
  5. Brickyard Homeowners' Ass'n Management Committee v. Gibbons Realty Co.Utah Supreme Court · 1983

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