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RIDENOUR v. FRANCE

No. 3-881A200.

442 N.E.2d 716 (1982)

Leon RIDENOUR and Phoebe Ridenour, Appellants (Plaintiffs below), v. Rex FRANCE and Alene France, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied February 18, 1983.

Attorney(s) appearing for the Case

Larry C. Thrush, Wabash, for appellants.

Mark S. Pantello, Sowers & Benson, Fort Wayne, for appellees.

STATON, Judge.

After a bench trial, the trial court entered a negative judgment on the Ridenours' claim against the Frances for specific performance of a land sales contract. On appeal, the Ridenours raise the following issues:

I. Did the Frances, as buyers, assume the risk of property loss pending the closing of the sale? II. Did the trial court err in denying the Ridenours' claim for specific performance and in granting the Frances the return...

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