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BURNS CONSTRUCTION, INC. v. VALLEY CONCRETE

No. 3-573A62.

322 N.E.2d 404 (1975)

BURNS CONSTRUCTION, INC., Defendant-Appellant, v. VALLEY CONCRETE, a Division of H & S Industries, Inc., Plaintiff-Appellee, and Smiley Buildings, Inc., Defendant-Appellee.

Court of Appeals of Indiana, Third District.

February 4, 1975.

Attorney(s) appearing for the Case

Robert E. Peterson, Douglas B. Morton, Rochester, for defendant and appellant.

John D. Ulmer, Yoder, Ainlay, Ulmer & Buckingham, Goshen, for plaintiff-appellee.

Roger W. Hultquist, Snouffer, Haller & Colvin, Fort Wayne, for defendant-appellee.

GARRARD, Judge.

This was a suit upon an account related to the construction of pole buildings. The plaintiff, Valley Concrete (the supplier) was a ready-mix company that furnished concrete used on the jobs. The defendant, Smiley Buildings, Inc. (the franchisor) was franchisor for the pole buildings and furnished the general materials used in their construction. The appellant-defendant, Burns Construction, Inc. (the contractor) held a franchise from Smiley Buildings...

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