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LAKE COUNTY TITLE COMPANY v. ROOT ENTERPRISES, INC.

No. 3-274A28.

339 N.E.2d 103 (1975)

LAKE COUNTY TITLE COMPANY, a Division of Chicago Title Insurance Company, Appellant-Defendant below, v. ROOT ENTERPRISES, INC., Appellee-Plaintiff below.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 27, 1976.

Attorney(s) appearing for the Case

Edmond J. Leeney, Patrick J. Galvin, Hammond, for appellant; Galvin, Galvin & Leeney, Hammond, of counsel.

Glenn J. Tabor, Duane W. Hartman, Blachly, Tabor, Bozik & Hartman, Valparaiso, for appellee.

STATON, Presiding Judge.

Root Enterprises, Inc. deposited in escrow $35,000.00 with the Lake County Title Company. This deposit was for the construction of a building that Root had agreed to lease to Truck Owners and Operators National Association, Inc. (Toona). The lease agreement provided that Toona was to contract for the construction and pay any construction cost over $35,000.00. Toona's general contractor, Planned Construction, Inc., left the construction site...

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