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HECKAMAN ET AL. v. MYERS PROD. CREAM., INC.

No. 18,919.

128 Ind. App. 47 (1957)

145 N.E.2d 403

HECKAMAN ET AL. v. MYERS PRODUCE CREAMERY, INC.

Court of Appeals of Indiana.

Rehearing denied November 21, 1957.

Attorney(s) appearing for the Case

Joseph W. Kindig, of Nappanee, Vernon, Hartzog, Barker & Hepler, of Goshen, for appellants.

Bontrager & Spahn, of Elkhart, for appellee.

ROYSE, J.

This is an action brought by appellee against appellants to recover a sum of money alleged to be due under an oral contract for the sale by appellee to appellants of certain articles of personal property, including a number of ice cream cabinets and soda fountains, and for a gallonage fee of ten cents per gallon on each gallon of ice cream sold from said cabinets and fountains during a period of one year after the alleged sale. Trial to a jury resulted in...

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