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McGANN & MARSH CO., INC. v. K & F MFG. CO.

No. 3-877A213.

385 N.E.2d 1183 (1979)

McGann & MARSH CO., INC., Appellant-Plaintiff, v. K & F MANUFACTURING CO., Inc., Appellee-Defendant. K & F Manufacturing Co., Inc., Appellee-Counterclaimant, v. McGann & Marsh Co., Inc., Appellant-Counterdefendant. K & F Manufacturing Co., Inc., Appellee-Third Party Plaintiff, v. JOHN J. MCGANN, Jr., Appellant-Third Party Defendant.

Court of Appeals of Indiana, Third District.

February 19, 1979.

Attorney(s) appearing for the Case

Richard D. Bonewitz, Hammerschmidt & Bonewitz, South Bend, for appellant.

Franklin A. Morse, II, Nelson J. Vogel, Jr., Thornburg, McGill, Deahl, Harman, Carey & Murray, South Bend, for appellee.

STATON, Judge.

McGann & Marsh Co., Inc. brought an action to recover commissions from K & F Manufacturing Co., Inc., under agreements executed by the parties. K & F filed a counterclaim, alleging that M & M refused to exercise its best efforts on behalf of K & F. Without making findings of fact, the trial court rendered judgment against M & M on the complaint, and in favor of M & M on the counterclaim. Both parties filed motions to correct...

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