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TOUSLEY-BIXLER CONST. v. COLGATE ENTERPRISES

No. 2-180A25.

429 N.E.2d 979 (1982)

TOUSLEY-BIXLER CONSTRUCTION CO., Inc., Appellant (Defendant below), v. COLGATE ENTERPRISES, Inc., Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

January 4, 1982.

Attorney(s) appearing for the Case

Edward O. Delaney, Edwin B. Wainscott, Barnes, Hickam, Pantzer & Boyd, Indianapolis, for appellant.

A.M. Thomas, Thomas Law Firm, Indianapolis, for appellee.

BUCHANAN, Chief Judge.

CASE SUMMARY

Defendant-appellant Tousley-Bixler Construction Co., Inc. (Tousley-Bixler) appeals from a jury verdict of $42,500 in favor of plaintiff-appellee Colgate Enterprises, Inc. (Colgate), Tousley-Bixler alleging the trial court erroneously concluded that the sale of dirt from Colgate's property was a sale of goods within the meaning of the Uniform Commercial Code.

We reverse and remand for a new trial.

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