WOODRUFF v. WILSON OIL CO., INC.

No. 3-975A188.

382 N.E.2d 1009 (1978)

Roy J. WOODRUFF and Delores Woodruff, Appellants-Plaintiffs, v. WILSON OIL COMPANY, Inc., Appellee-Defendant.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 10, 1979.


Attorney(s) appearing for the Case

James F. Groves, Noell, Groves & White, South Bend, for appellants-plaintiffs.

R. Kent Rowe, Lewis C. Laderer, Jr., Rowe and Laderer, South Bend, for appellee-defendant.


STATON, Judge.

Roy and Delores Woodruff, as lessors, filed suit against the Wilson Oil Company, Inc. ("Wilson"), as lessee. The Woodruffs alleged that as the result of Wilson's negligence, a building on the leased property had been destroyed by fire. Wilson filed a motion for summary judgment contending that, by the terms of the lease, the Woodruffs were prohibited from bringing such a suit. The trial court concluded that pursuant to the terms of the lease, the Woodruffs...

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