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DOWNING v. DIAL

No. 1-680A159.

426 N.E.2d 416 (1981)

Thomas J. DOWNING, Plaintiff-Appellant, v. James DIAL, Nidrah Dial, Patricia Watkins, Dale Watkins and Martin Lane, Defendants-Appellees, Archie Hunnicutt and Phyllis Hunnicutt, Third-Party Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied November 9, 1981.

Attorney(s) appearing for the Case

Michael V. Gooch, Harrison & Moberly, Indianapolis, for appellant.

Alan E. Yergin, Martin R. Shields, Yergin & Yergin, New Castle, for appellees.

STATEMENT OF THE CASE

NEAL, Presiding Judge.

Plaintiff-appellant Thomas J. Downing (Downing) appeals from an adverse judgment rendered by the Henry Circuit Court in favor of defendants-appellees James Dial and Nidrah Dial (the Dials) in a contract action.

We affirm in part, and reverse in part.

STATEMENT OF THE FACTS

On May 3, 1969, Downing entered into a conditional sale contract with the Dials wherein he agreed to sell to the...

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