Tincombe v. Colorado Construction & Supply Corp.

PIERCE, Judge.

Plaintiffs brought suit alleging deceit based upon fraud and breach of a contract to construct certain home improvements. Defendants appeal from a judgment for actual and punitive damages entered after a trial to the court. We affirm in part and reverse in part.

In May 1979, plaintiffs entered into a contract with defendant, Colorado Construction and Supply Corporation (CCSC), for the construction of a garage, covered patio, and driveway. The contract called for a $5,000 down payment, $4,000 to be paid when the framing was delivered, and the balance on completion of construction.

P…