Legal Opinion
Hoffman's Double Bar Pine Nursery v. Fyke
Colorado Court of Appeals
Decided June 4, 1981No. 79CA0402PublishedCited by 11 opinions
1Opinion of the Court
STERNBERG, Judge.
Bill Fyke, d/b/a Mountain Meadows Nursery, appeals a judgment entered against him on Hoffman’s Double Bar Pine Nursery’s claim for breach of contract, contend ing he was entitled to a set-off on his counterclaim for breach of warranty, having given Hoffman’s adequate notice that the nursery stock it purchased was substandard, as § 4-2-607(3)(a), C.R.S.1973, requires. We affirm in part and reverse in part.
Both Hoffman’s and Mountain Meadows are wholesale nurseries. Their business relationship commenced in September of 1975 and continued into 1976 with Mountain Meadows placing…
2Cases cited4 opinions
- Linley v. HansonSupreme Court of Colorado · 1970
- Warren's Kiddie Shoppe, Inc. v. Casual Slacks, Inc.Court of Appeals of Georgia · 1969
- Rich's Restaurant v. McFann Enterprises, Inc.Colorado Court of Appeals · 1977
- Comet Industries, Inc. v. Best Plastic Container Corp.District Court, D. Colorado · 1963
3Cited by11 opinions
- Palmer v. AH Robins Co., Inc.Supreme Court of Colorado · 1984
- International Technical Instruments, Inc. v. Engineering Measurements Co.Colorado Court of Appeals · 1983
- Hawkinson v. AH Robins Co., Inc.District Court, D. Colorado · 1984
- Brighton School District 27J v. Transamerica Premier Insurance Co.Colorado Court of Appeals · 1996
- White v. Mississippi Order Buyers, Inc.Colorado Court of Appeals · 1982
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