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U.S. AIRCRAFT FINANCING, INC. v. JANKOVICH

No. 3-877A196.

407 N.E.2d 287 (1980)

U.S. AIRCRAFT FINANCING, INC., an Indiana Corporation, Appellant-Defendant, v. Nick JANKOVICH and Paul Jankovich, Individually and As Partners Doing Business As Calumet Aviation Company, Appellees-Plaintiffs, and City of Gary by and through Its Board of Aviation Commissioners, Appellee-Intervenor.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied August 20, 1980.

Attorney(s) appearing for the Case

William F. Kane, Jr., Lucas, Clifford, Kane & Holcomb, Merrillville, for appellant-defendant.

Douglas M. Grimes, Gary, for appellees-plaintiffs.

CHIPMAN, Judge.

This is an action for breach of a conditional sales contract. In 1965 Nick and Paul Jankovich d/b/a Calumet Aviation Company (Jankovich) sold to U.S. Aircraft Financing, Inc. (U.S. Aircraft) an airport business at the Gary Municipal Airport. U.S. Aircraft subsequently breached the contract and Jankovich brought suit in 1974. Following a bench trial the court entered judgment for Jankovich and ordered a strict forfeiture. We reverse.

The contract...

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