RED 73 CREAMERY, INC. v. LUMBERMEN'S MUT. CAS. CO.

No. 20,090.

138 Ind. App. 273 (1965)

209 N.E.2d 896

RED 73 CREAMERY, INC. v. LUMBERMEN'S MUTUAL CASUALTY COMPANY.

Court of Appeals of Indiana.

Rehearing denied October 8, 1965.

Transfer denied February 2, 1966.


Attorney(s) appearing for the Case

Zane E. Stohler, Mendenhall, Hunter & Stohler, of Winchester, J. Brandon Griffis, Griffis, Griffis & Tripp, of Richmond, Richard M. Givan and Bowen, Myers, Northam & Givan, of Indianapolis, for appellant.

John D. Wilson, Wilson & Bales, of Winchester, and Harlan, Harlan, Schussler & Keller, of Richmond, for appellee.


CARSON, J.

This case comes to us on appeal from the Wayne Superior Court. The issues were formed by the appellant's fifth amended complaint and the appellee's answer in four paragraphs. The case was tried before the court without a jury and a negative judgment was rendered.

There were four principle issues presented by the pleadings which were substantially as follows:

"1. The amount of the appellant's loss or damage;

2. Whether or not the...

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