Freeman v. Gentry Builders, Ltd.

We granted the petition for writ of certiorari to review a limited issue in Gentry Builders, Ltd. v. Freeman, 33 Colo. App. 144, 517 P.2d 469 (1973). We now reverse and remand for a new trial.

The issue before us relates to the trial court’s refusal to admit expert testimony on damages which arose out of an alleged breach of an implied warranty. Two expert witnesses testified that the builder of the home which the Freemans purchased failed to place voids in the nonbearing partitions of the house! As a result, cracks in the house foundation and walls developed when the expansive soil upon which…