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STRONG v. COMMERCIAL CARPET CO., INC.

No. 1-973A170.

322 N.E.2d 387 (1975)

Grace STRONG and Lewis Strong, Husband and Wife, Appellants (Plaintiffs below), v. COMMERCIAL CARPET CO., INC., and Kenneth Bullington, Appellees (Defendants below).

Court of Appeals of Indiana, First District.

February 4, 1975.

Attorney(s) appearing for the Case

Gerald G. Fuchs, Evansville, for appellants.

Robert H. Hahn, George A. Porch, Evansville, for appellees; Bamberger, Foreman, Oswald & Hahn, Evansville, of counsel.

LYBROOK, Judge.

Plaintiffs-appellants Lewis and Grace Strong (husband and wife) appeal from a judgment on a jury verdict in favor of defendants-appellees Commercial Carpet Co. and Kenneth Bullington.

Each of Strongs' complaints were in two paragraphs, alleging breach of contract and negligence. At the conclusion of Strongs' rebuttal evidence, the trial court sustained Commercial's motion for judgment on the evidence as to the contractual theory. The negligence...

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