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COURT ROOMS OF AMERICA, INC. v. DIEFENBACH

No. 981S226.

425 N.E.2d 122 (1981)

COURT ROOMS OF AMERICA, INC., Daniel L. Roberts and Peggy D. Roberts, Appellants, v. Alan DIEFENBACH and Susan Diefenbach, Appellees.

Supreme Court of Indiana.

September 1, 1981.

Attorney(s) appearing for the Case

Donald B. Steininger, Robert E. Ross, Fort Wayne, for appellants.

Max A. Myers, Fort Wayne, for appellees.

PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the Fourth District Court of Appeals. Petitioners here are plaintiffs below, where the trial court entered summary judgment for them in the amount of $30,600. The Court of Appeals found the trial court improperly entered said judgment since it was based on a liquidated damages provision of the contract and amounted to an unenforceable penalty clause. The judgment of the trial court was reversed...

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