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SANDOCK v. F.D. BORKHOLDER CO., INC.

No. 3-179 A 25.

396 N.E.2d 955 (1979)

Melvin SANDOCK, Betty Sandock, Sam Sandock, Ruby Sandock and B. & S. Sandock, Inc., Appellees-Plaintiffs, v. F.D. BORKHOLDER COMPANY, Inc., Appellant-Defendant.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 16, 1980.

Attorney(s) appearing for the Case

Sam Mirkin, South Bend, for appellant-defendant.

Myron J. Hack, Hack & Asher, South Bend, for appellees-plaintiffs.

STATON, Judge.

B. & S. Sandock, Inc. (Sandock) and F.D. Borkholder Company, Inc. (Borkholder), entered into a contract for the construction by Borkholder of a concrete block addition to Sandock's pre-existing structure. The addition was to be used as a retail showroom and warehouse in furtherance of Sandock's furniture and carpet business. Sandock was unable to use the addition for its intended use, however, because of a recurring moisture problem on the inside...

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