KILLION v. UPDIKE

No. 1-274A19.

316 N.E.2d 837 (1974)

Robert David KILLION and Bette Killion, Appellants (Plaintiffs below), v. Vera Ann UPDIKE, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

September 26, 1974.


Attorney(s) appearing for the Case

A. Thomas Cobb, Elrod & Elrod, Indianapolis, Harlan H. Hinkle, Palmer, Hinkle, Brenton & Keck, Danville, for appellants.

Howard J. DeTrude, Jr., Robert J. Wampler, Kightlinger, Young, Gray & DeTrude, Indianapolis, Melvin R. Daniel, Raber & Vandivier, Danville, for appellee.


LOWDERMILK, Judge.

Plaintiffs-appellants (Killions) initiated this action for breach of contract and for damages and loss of profits. The defendant-appellee (Updike) answered and filed a counterclaim. The court, after hearing evidence, found that the parties had entered into a valid contract, that said contract was removed from the statute of frauds by reason of substantial performance, and further found that neither party should recover from the other as a result...

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