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FISEL v. YODER

No. 3-1273A167.

320 N.E.2d 783 (1974)

Herbert FISEL, Appellant, v. Samuel Jay YODER and Patricia Ann Yoder, Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 21, 1975.

Attorney(s) appearing for the Case

Kenneth A. King, Kendallville, for appellant.

John D. Ulmer, George E. Buckingham, Yoder, Ainlay, Ulmer & Buckingham Goshen, for appellees.

STATON, Judge.

Herbert Fisel sold his Elkhart County farm to Samuel and Patricia Yoder on a conditional sales contract for $42,000.00. Later, a fire destroyed the barn, and the Yoders received an insurance check for $10,200.00 payable to them and Fisel. With the intention of having the $10,200.00 applied to the contract balance, the Yoders endorsed the insurance check and mailed it to Fisel. By return mail, the Yoders received...

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