GROW v. INDIANA RETIRED TEACHERS COMMUNITY

No. 169A15.

271 N.E.2d 140 (1971)

Lottie L. GROW, Appellant, v. INDIANA RETIRED TEACHERS COMMUNITY, an Indiana Corporation, Appellee.

Appellate Court of Indiana, In Banc.

June 29, 1971.


Attorney(s) appearing for the Case

John T. Hume, III, Indianapolis, John T. Sharpnack, Columbus, for appellant; Smith & Jones, Indianapolis, Sharpnack, Bigley & Jurgemeyer, Columbus, of counsel.

Alan H. Lobley, Indianapolis, for appellee; Ice, Miller, Donadio & Ryan, Indianapolis, of counsel.


HOFFMAN, Chief Justice.

Plaintiff-appellant Lottie L. Grow (Mrs. Grow) brought an equitable action for rescission of a contract for "lifetime care" alleging fraud on the part of defendant-appellee Indiana Retired Teachers Community, an Indiana Corporation, hereinafter referred to as "the Corporation", and praying for restoration of the lump sum consideration.

The trial court, without the intervention of a jury, at the close of all the evidence, entered a judgment...

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