KENDALL LUMBER & COAL CO. v. ROMAN

No. 17,998.

120 Ind. App. 368 (1950)

91 N.E.2d 187

KENDALL LUMBER & COAL COMPANY, INC. v. ROMAN ET AL.

Court of Appeals of Indiana.

Rehearing denied April 18, 1950.

Transfer denied June 8, 1950.


Attorney(s) appearing for the Case

Porter D. Crowell, of Kendallville, for appellant.

Ralph W. Probst, of Kendallville, and Mountz & Mountz, of Garrett, for appellees.


ROYSE, J.

Appellant brought this action against the appellees and one Frank Wyatt to foreclose a mechanic's lien. Prior to trial the action as to said Wyatt was dismissed.

The facts as disclosed by the record may be summarized as follows: The appellee Temple (hereinafter designated as the owner) is the owner of certain real estate in Noble County. The appellee Roman (hereinafter designated as the purchaser) had entered into a written contract to purchase said...

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