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Keen v. Modern Trailer Sales, Inc.

Court of Appeals of Colorado
578 P.2d 668 (1978)


Charles and Shirley Keen (plaintiffs) bought a mobile home from Modern Trailer Sales, Inc. (Modern) (defendant). The Keens had informed a Modern salesman that they wanted to purchase a home that was 14 feet wide by 70 feet long. The salesman informed the Keens that the trailer was 14 feet wide by 70 feet long. The written contract did not list the mobile home’s length, but the salesman knew that the home was not the requested size. The application for title that Modern later sent to the Keens listed the home as 14 feet wide by 70 feet long. Within a month after delivery of the mobile home, the Keens discovered that the home was only 64 feet long. The Keens sued Modern. The trial court found that Modern breached its contract with the Keens but denied the Keens’ claim for damages, holding that the home’s nonconformity did not substantially impair the home’s value to the Keens, because the Keens continued to live in the home. The Keens appealed.

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Holding and Reasoning (Berman, J.)

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