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LESH ET AL. v. TRUSTEES OF PURDUE UNIV.

No. 18,465.

124 Ind. App. 422 (1953)

116 N.E.2d 117

LESH ET AL. v. THE TRUSTEES OF PURDUE UNIVERSITY.

Court of Appeals of Indiana.

Rehearing denied February 5, 1954.

Transfer denied April 14, 1954.

Attorney(s) appearing for the Case

U.S. Lesh and Joseph H. Lesh, of Huntington, Charles B. Kemmer, of Lafayette, and A.J. Klee, of Indianapolis, for appellant.

George T. Schilling and Michael T. Ricks, of Lafayette, and Stuart, Devol, Branigin & Ricks (of Counsel), of Lafayette, for appellees.

CRUMPACKER, C.J.

We are indebted to the appellee for a concise and what appears to be an accurate statement of the nature of this action and therefore we quote as follows:

"On November 3, 1945, appellants' decedent, A.E. Kemmer, entered into a written construction contract with appellee, under which he was to furnish all labor and materials necessary for the construction of Student Apartment Dormitories for a fixed price of $1,118,640. During the contract...

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