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FARMERS BANK & TR. CO. v. ROSS

No. 1-879A227.

401 N.E.2d 74 (1980)

FARMERS BANK AND TRUST COMPANY, Appellant-Plaintiff, v. Bob ROSS, a/k/a Bobby Gene Ross; Verneta Ross, a/k/a Verneta M. Ross; J.B. Glenn Construction Company, Inc., Mutual Building Loan and Savings Association of Owensville, Appellees-Defendants.

Court of Appeals of Indiana, First District.

Rehearing Denied April 10, 1980.

Attorney(s) appearing for the Case

Russell E. Mahoney, Gray, Stratton & Mahoney, Petersburg, for appellant.

Harry T. Ice, James A. Shanahan, Ice, Miller, Donadio & Ryan, Indianapolis, for amicus curiae.

Daniel J. McGinn, Gerling Law Offices, Evansville, for appellees.

ROBERTSON, Presiding Judge.

Farmers Bank and Trust Co. (Bank) brought action against Bob Ross, his wife and his solely owned corporation J.B. Glenn Construction Co. on unpaid promissory notes and to foreclose a mortgage on certain real estate. Ross counterclaimed for damages, alleging a breach of contract by the bank to loan money to Ross for his excavating business. After the evidence was heard, the trial court gave the case to the jury for decision over the objection...

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