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LYSTARCZYK v. SMITS

No. 3-781A186.

435 N.E.2d 1011 (1982)

John LYSTARCZYK, Erma Lystarczyk, Appellants-Defendants, v. Vernon C. SMITS, d/b/a Able Realty, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

May 26, 1982.

Attorney(s) appearing for the Case

W. Russell Sanford, Plodowski & Sanford, South Bend, for appellants-defendants.

Charles A. Asher, South Bend, for plaintiff-appellee.

STATON, Judge.

Vernon C. Smits doing business as Able Realty and John and Erma Lystarczyk1 had entered into a contract whereby Smits was to build Lystarczyk a house as close as possible to a model home Smits had built and Lystarczyk was to pay Smits $34,600. From a jury trial, Lystarczyk appeals the award to Smits of compensatory damages, punitive damages, and attorney fees for Lystarczyk's breach of the contract. Lystarczyk raises the...

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