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STALEY v. STEPHENS

No. 3-180-A-5.

404 N.E.2d 633 (1980)

Paul R. STALEY and Suzanne B. Staley, Plaintiffs-Appellants and Cross-Appellees, v. Paul L. STEPHENS and Carolyn A. Stephens, Defendants-Appellees and Cross-Appellants.

Court of Appeals of Indiana, First District.

Rehearing Denied June 30, 1980.

Attorney(s) appearing for the Case

Vincent J. Heiny, Snouffer, Haller & Colvin, Fort Wayne, for plaintiffs-appellants and cross-appellees.

Grant F. Shipley, Livingston, Dildine, Haynie & Yoder, Fort Wayne, for defendants-appellees and cross-appellants.

ROBERTSON, Presiding Judge.

Paul R. and Suzanne B. Staley (Sellers) commenced an action against Paul L. and Carolyn A. Stephens (Buyers) as a result of Buyers' refusal to complete the purchase of Sellers' property. In their answer, Buyers counterclaimed for damages predicated upon Sellers' failure to tender marketable title. At the close of Sellers' evidence, Buyers moved for judgment on the evidence as provided for by Ind. Rules of Procedure, Trial Rule 50. The trial...

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