M.D.C./Wood Inc. V. Mortimer

This suit in equity, predicated upon fraud, was commenced to obtain rescission of the sale of residential real estate to Gary and Catherine Mortimer; Jayesh and Bakula Patel; Dennis and Clarice Perret; Deborah and David Klee; and Howard P. Jones (collectively the respondents), by M.D.C./Wood, Inc., formerly Wood Brothers Homes, Inc. (Wood Brothers). The trial Judge made extended findings of fact, and based on those findings, denied the respondents' claim for rescission and entered judgment in favor of Wood Brothers. On appeal, the case was reversed and remanded to the trial court with directions to grant rescission. Mortimer v. M.D.C./Wood, Inc., 854 P.2d 1307 (Colo. App. 1992). We granted certiorari and reverse and remand to the court of appeals with directions to reinstate the judgment entered by the trial court.