SEASTROM, INC. v. AMICK CONSTRUCTION CO., INC.

No. 1-173A14.

315 N.E.2d 431 (1974)

SEASTROM, INC., et al., Defendants-Appellants, v. AMICK CONSTRUCTION CO., INC., Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied September 24, 1974.


Attorney(s) appearing for the Case

J.B. King, Theodore R. Boehm, Rory O'Bryan, Indianapolis, for defendants-appellants.

Vance M. Waggoner, Rushville, Arch N. Bobbitt, Indianapolis, Eugene B. Burns, Lebanon, for plaintiff-appellee.


ROBERTSON, Presiding Judge.

Defendant-appellant Seastrom appeals from an award of $56,202.98 to plaintiff-appellee Amick as a rebate of rental payments.

The essence of the primary issue raised by Seastrom is that the evidence is insufficient to support the judgment. We agree and accordingly reverse.

The facts show that Amick, a highway construction contractor, could not obtain asphalt at a profitable price. He approached Seastrom, who was in the heavy...

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