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DYER CONSTRUCTION CO., INC. v. ELLAS CONST. CO., INC.

No. 1271A274.

287 N.E.2d 262 (1972)

DYER CONSTRUCTION CO., INC., (Plaintiff; Counter-Defendant below), Appellant, v. ELLAS CONSTRUCTION CO., Inc., (Defendant; Counter-Claimant below), and Insurance Company of North America, (Defendant below), Appellees.

Court of Appeals of Indiana, Third District.

September 20, 1972.

Attorney(s) appearing for the Case

Ronald V. Aungst, Valparaiso, for appellant; Lyons, Aungst & Guastella, Valparaiso, of counsel.

Gilbert Gruenberg, Bruce E. Sayers, Gary, for appellee; Paul E. Reed, Knox, Hodges, Davis, Gruenberg, Compton & Sayers, Gary, of counsel.

HOFFMAN, Chief Judge.

Two issues are presented by this appeal. The first is whether the finding by the trial court that there was no actual contract in existence between appellant Dyer Construction Co., Inc. (Dyer) and appellees Ellas Construction Co. Inc. and the Insurance Company of North America (appellees are hereinafter referred to as Ellas) was contrary to the evidence. The second issue is whether the trial court...

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