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WILLSEY v. HARTMAN

No. 1069A171.

276 N.E.2d 577 (1971)

Delbert E. WILLSEY, d/b/a Delbert E. Willsey Construction Co., et al., Appellants, v. Robert Dailey HARTMAN et al., Appellees.

Appellate Court of Indiana, Division No. 2.

December 28, 1971.

Attorney(s) appearing for the Case

Elmon M. Williams, Greenwood, Frank I. Hamilton, Greensburg, Paul V. Wycoff, Batesville, Williams & Van Valer, Greenwood, for appellants.

John D. Raikos, Indianapolis, Don H. Wickens, Greensburg, Raikos, Melangton, Dougherty & Christ, Indianapolis, Wickens & Wickens, Greensburg, for appellees.

WHITE, Judge.

Appellant Willsey (Contractor), the general contractor for the construction of an office building and parking lot, sub-contracted the parking lot paving to appellee Hartman (sub-Contractor). When sub-Contractor ended his work contractor refused to pay the contract price, contending that there had been a breach resulting in deterioration in the paving. Sub-Contractor filed a mechanic's lien and then brought foreclosure suit. Contractor pleaded as a set...

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