Legal Opinion

Mortimer v. M.D.C./Wood, Inc.

Colorado Court of Appeals

Decided July 12, 1993No. 91CA0241PublishedCited by 3 opinions

1Opinion of the Court

Opinion by

Judge ROTHENBERG.

Plaintiffs, a group of homeowners who purchased their individual houses in a Jefferson County subdivision developed by the defendant, M.D.C./Wood, Inc., appeal from the equitable decree of the trial court that denied plaintiffs’ request to rescind each of the sales transactions. Because we conclude that plaintiffs are entitled to rescission, we reverse and remand with directions to enter judgment for the plaintiffs, and we dismiss defendant’s cross-appeal.

I

Plaintiffs’ complaint sought rescission of their purchases of homes on the grounds of fraud.

Following a bench…

2Cases cited11 opinions

  1. Morrison v. GoodspeedSupreme Court of Colorado · 1937
  2. Sellar v. ClellandSupreme Court of Colorado · 1875
  3. Zimmerman v. LooseSupreme Court of Colorado · 1967
  4. Frankie J. King and Beverly J. King, and Cross-Appellants v. Horizon Corporation, and Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1983
  5. Fitzgerald v. EdelenColorado Court of Appeals · 1980

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3Cited by3 opinions

  1. M.D.C./Wood, Inc. v. MortimerSupreme Court of Colorado · 1994
  2. Cook v. Jackson National Life InsuranceDistrict Court, D. Colorado · 1994
  3. Kaufman v. Guest Capital, L.L.C.District Court, S.D. New York · 2005

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