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HONEY CREEK CORP. v. WNC DEVELOPMENT CO.

No. 1-874A124.

331 N.E.2d 452 (1975)

HONEY CREEK CORPORATION ET AL., Appellants-Defendants, v. WNC DEVELOPMENT Company, Appellee-Plaintiff, and Sears, Roebuck & CO., Appellee-Defendant.

Court of Appeals of Indiana, First District.

Rehearing Denied August 28, 1975.

Attorney(s) appearing for the Case

Robert H. Hahn, Jeffrey R. Kinney, Banberger, Foreman, Oswald & Hahn, Evansville, for appellants-defendants.

Robert S. Ratcliffe, Dix, Patrick, Ratcliffe & Adamson, Terre Haute, for WNC Development Co.

James L. Crawford, Cox, Zwerner, Gambill & Sullivan, Terre Haute, for Sears, Roebuck & Co.

LOWDERMILK, Judge.

This case arose when the cooler unit of an air conditioning system was damaged because it failed to stop operating after the stop button was pushed by an employee of defendant-appellee, Sears, Roebuck & Co. (Sears and/or Tenant), a tenant in Honey Creek Square Shopping Center of Terre Haute. Due to the sale of the shopping center, a corporate merger, and a corporate name change, a complicated fact situation arose as to the party who would ultimately...

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