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SUPERIOR TRAILER MFG. CORP. v. J.W. SCATTERDAY

No. 30,028.

241 Ind. 459 (1960)

169 N.E.2d 721

SUPERIOR TRAILER MFG. CORP. v. J.W. SCATTERDAY, INC., ET AL.

Supreme Court of Indiana.

Rehearing denied March 21, 1961.

Attorney(s) appearing for the Case

Bernard Stroyman, Michael L. Fansler, Gustav H. Dongus, Paul Barnard and Fansler, Fauvre, Dongus & Barnard, of counsel, all of Indianapolis, for appellant.

Waldo Ging, of Greenfield, Richard Fulmer, Hugh E. Reynolds, Jr., Hugh E. Reynolds and Locke, Reynolds, Boyd & Weisell, of counsel, all of Indianapolis, for appellees.

ACHOR, J.

In this case1 the facts are substantially as follows:

The appellant, Superior Trailer Mfg. Corp., plaintiff below, entered into a written contract with the appellee, J.W. Scatterday, Inc., defendant below, on the 21st day of September, 1951, under the terms of which Scatterday agreed to erect a warehouse on premises owned by Superior. The contract as amended on December 5, 1951, provided that the new building would adjoin...

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