HOPPLE v. STAR CITY ELEVATOR CO., INC.

No. 19,191.

131 Ind. App. 585 (1961)

173 N.E.2d 76

HOPPLE ET AL. v. THE STAR CITY ELEVATOR COMPANY, INC.

Court of Appeals of Indiana.

Filed March 22, 1961.


Attorney(s) appearing for the Case

Louis E. Reidelbach, of Winamac, Charles D. Boomershine, of Monticello, and Kizer & Neu, of Plymouth, for appellants.

Albert B. Chipman, of Plymouth, Joseph A. Noel, of Kokomo, and Jump, Noel & Lacey, Robert J. Kinsey and Jerry L. Angel, all of counsel, all of Kokomo, for appellee.


GONAS, J.

This was an action for damages by appellants for breach of a written hauling contract by appellee, between appellants and appellee. This cause was submitted to a jury, and at the close of all the evidence in the case, the trial court gave a peremptory instruction to the jury to return a verdict for appellee.

The parties have raised several interesting questions in their briefs in this court, but the propriety of the trial court's action in giving...

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