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Contracts Keyed to Kuney
Keen v. Modern Trailer Sales, Inc.
Citation:
40 Colo. App. 527, 578 P.2d 668 (1978).Facts
On April 20, 1974, plaintiffs went to defendant’s sales lot and spoke with a salesman. Plaintiffs informed the salesman that they sought to purchase a three bedroom home, 14 feet wide and 70 feet long, for under $9,500. Plaintiffs were shown several homes and, unknown to them, some of which were smaller than the requested size. The plaintiffs returned the next day to make a final selection and were assured that the selected model was 14 feet x 70 feet. On the written contract, the length of the home was omitted and the salesman knew the home did not meet plaintiffs’ requirements. Within a month after delivery, the home drifted off its footings and, after defendant refused to assist in correcting the issue, plaintiffs hired a third-party. At that time, plaintiffs learned the home was only 64 feet long.
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