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WARNER v. WEBBER APARTMENTS, INC.

No. 3-378A77.

400 N.E.2d 1180 (1980)

Edward V. WARNER and Elizabeth M. Warner, Appellants (Defendants below), v. WEBBER APARTMENTS, INC., Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

March 3, 1980.

Attorney(s) appearing for the Case

Michael C. Harris, Harris & Welsh, Chesterton, for appellants.

Clyde D. Compton, Hodges, Davis, Gruenberg, Compton & Sayers, Gary, for appellee.

HOFFMAN, Judge.

On June 30, 1966 defendants-appellants Edward and Elizabeth Warner purchased an apartment building located on West Fifth Avenue in Gary, Indiana from plaintiff-appellee Webber Apartments, Inc. To secure payment of the purchase price Warners executed a purchase money mortgage to Webber for $140,000. On December 6, 1976 plaintiff's attorney notified Warners that more than 60 days had elapsed since their last payment. Pursuant to the terms of the mortgage...

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