UEBELHACK EQUIPMENT, INC. v. GARRETT BROS.

No. 1-180A22.

408 N.E.2d 136 (1980)

UEBELHACK EQUIPMENT, INC., Appellant (Defendant below), v. GARRETT BROTHERS, Inc., Appellee (Plaintiff below) and Viola Garrett, Unsupervised Personal Representative of the Estate of Rufus W. Garrett, Deceased, Appellee (Third-Party Defendant below).

Court of Appeals of Indiana, First District.

July 23, 1980.


Attorney(s) appearing for the Case

David O. Givens, Allyn & Givens, Mount Vernon, for appellant.

J. Robert Kinkle, Evans & Kinkle, Evansville, Verner P. Partenheimer, Jr., Hall, Partenheimer & Luecking, Princeton, for appellee.


ROBERTSON, Presiding Judge.

This suit arises out of a dispute concerning a contract to renovate and upgrade a grain elevator and storage facility. The case was tried below as an UCC Article-2 Sales Contract.1 It was tried without benefit of jury and, as requested, the court made findings of fact and conclusions of law. We need not recite these findings except as needed to discuss the issues presented for appeal. We will say, for purposes...

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