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CONNERSVILLE C.C. v. BUNZENDAHL

No. 20,250.

140 Ind. App. 215 (1966)

222 N.E.2d 417

CONNERSVILLE COUNTRY CLUB v. F.N. BUNZENDAHL, INC.

Court of Appeals of Indiana.

Petition for rehearing withdrawn January 24, 1967.

Attorney(s) appearing for the Case

Alan H. Lobley and Ice, Miller, Donadio & Ryan, both of Indianapolis, for appellant.

Phillip J. Badell, of Rushville, and Brunner, Brown & Brunner, of Shelbyville, both for appellee.

No petition to Transfer filed.

BIERLY, J.

This action arose out of a contract whereby appellee was to provide certain earth-moving equipment and labor which was to be used in the construction of a second nine hole golf course at the appellant's club. The contract in question, among other things provided:

"... Regardless of the cost thereof to said F.N. Bunzendahl, Inc., no cost to Connersville Country Dlub [sic] shall exceed the maximum payment...

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