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HOUGH v. ZEHRNER

No. 3-872A51.

302 N.E.2d 881 (1973)

Robert HOUGH, d/b/a Hough Enterprises, Appellant (Plaintiff below), v. John ZEHRNER, a/k/a John Zehner, et al., Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied December 12, 1973.

Attorney(s) appearing for the Case

Richard P. Komyatte, Daniel L. Freeland, Efron, Efron & Komyatte, Hammond, for appellant.

William G. Conover, Valparaiso, for appellees.

STATON, Judge.

I.

STATEMENT ON THE APPEAL

Hough delivered 1,944.6 tons of crushed stone to Zehrner's junk and salvage yard where a new commercial garage for trucks was being constructed. The crushed stone was used for the driveway and parking area around the commercial garage where the muddy condition of the ground would not support commercial truck travel. When Hough was unable to obtain payment for the delivered crushed stone, he filed a mechanic...

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