BARTON v. MIRICH

No. 670A100.

273 N.E.2d 115 (1971)

Frank BARTON and Eleanore Barton, Plaintiffs-Appellants, v. Arthur MIRICH, d/b/a Mirich Construction, Defendant-Appellee.

Appellate Court of Indiana, Division No. 1.

September 16, 1971.


Attorney(s) appearing for the Case

Steve H. Tokarski, Gary, for plaintiffs-appellants.

Adam Benjamin, Jr., Gary, for defendant-appellee.


LOWDERMILK, Judge.

Plaintiff-appellants entered into a lawsuit against defendant-appellee to recover $7,323.64 paid to defendant-appellee by appellants under a construction contract, plus $10,000 damages.

The defendant-appellee filed three pleading Paragraphs of answer. In the first Paragraph of answer the appellee admitted that plaintiff-appellants had made payments of $7,323.64 to him; the second Paragraph alleged an affirmative defense, charging the appellants...

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