STATE v. BOYLE

No. 1-675A107.

344 N.E.2d 302 (1976)

STATE of Indiana, Appellant (Defendant below), v. Olive H. BOYLE, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied May 7, 1976.


Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Alan L. Crapo, Jr. Deputy Atty. Gen., Indianapolis, for appellant.

James W. Boswell, II, B. Michael McCormick, McCormick, Blumberg & Weber, Terre Haute, for appellee.


LYBROOK, Judge.

Defendant-appellant State of Indiana appeals from a judgment in favor of plaintiff-appellee Olive Boyle on Boyle's complaint for breach of lease. Presented for review are two issues:

(1) Whether State was constructively evicted from the leased premises; and (2) Whether Boyle accepted a surrender of the lease.

The record reveals that on or about November 25, 1968, Boyle and State entered a lease agreement whereby State leased...

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