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WM. J. AND M.S. VESEY, INC. v. HILLMAN

No. 171A20.

280 N.E.2d 88 (1972)

WM. J. AND M.S. VESEY, INC., Plaintiff-Appellant, v. Lee H. HILLMAN, Raymond W. Cassady, Partners d/b/a Hillman China Company, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied April 18, 1972.

Attorney(s) appearing for the Case

Benton W. Bloom, Bloom & Bloom, Columbia City, Bowen, Myers, Northam & Soards, Indianapolis, for plaintiff-appellant.

Mentor Kraus, J.A. Bruggeman, Barrett, Barrett & McNagny, Fort Wayne, Phil M. McNagny, Jr., Gates, Gates & McNagny, Columbia City, for defendants-appellees.

ROBERTSON, Presiding Judge.

Plaintiff-appellant (Vesey) entered into a lease for two lots and the improvements thereon, with the Lincoln National Bank and Trust Company of Fort Wayne, acting as the trustee of the estate of C.W. Khune. The lease covered the period from July 1, 1948, through June 30, 1953, during which time Vesey operated a wholesale and retail florist business at the leased premises.

On several occasions, Vesey had discussed with a trust officer...

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