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JAY CLUTTER CUSTOM DIGGING v. ENGLISH

No. 3-1178A291.

393 N.E.2d 230 (1979)

JAY CLUTTER CUSTOM DIGGING, Appellant (Plaintiff below), v. Dee ENGLISH, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

August 20, 1979.

Attorney(s) appearing for the Case

James R. Heuer, Gates & Gates, Columbia City, for appellant.

Stanley E. Pequignot, Rockhill, Kennedy, Pinnick, Sand, Bent & Pequignot, Warsaw, for appellee.

HOFFMAN, Judge.

This is an appeal from an action in which plaintiff-appellant Jay Clutter Custom Digging filed suit against defendant-appellee Dee English alleging an unpaid account for certain grading work he performed. Thereafter, appellee filed a counterclaim for damages based upon appellant's failure to complete the job within a reasonable time. The judgment rendered reads in pertinent part as follows:

"IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED...

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