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FRAGOMENI v. OTTO GRATZOL SIGNS

No. 18,092.

121 Ind. App. 167 (1951)

96 N.E.2d 275

FRAGOMENI v. OTTO GRATZOL SIGNS, INC.

Court of Appeals of Indiana.

Rehearing denied March 2, 1951.

Transfer denied April 12, 1951.

Attorney(s) appearing for the Case

Niemiec & Eichler, of South Bend, for appellant.

Farabough, Pettingill, Chapleau & Roper, of South Bend, for appellee.

ON PETITION FOR REHEARING

ROYSE, J.

In its petition for rehearing appellee calls to our attention a wholly incorrect statement in our original opinion. In that opinion this writer stated: "The record further discloses appellee was in default in the payment of rent due for the original term." This was not true inasmuch as no time was specified in the lease as to when the rent should be paid. This writer misconstrued the letter set out in the original opinion...

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