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CITIZENS PROGRESS CO. v. JAMES O. HELD & CO.

No. 2-878A261.

438 N.E.2d 1016 (1982)

CITIZENS PROGRESS COMPANY, Inc., Defendant-Appellant, v. JAMES O. HELD & CO., Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

August 17, 1982.

Attorney(s) appearing for the Case

Sidney Mishkin, Indianapolis, for defendant-appellant.

John M. Heeter, Seymour M. Bagal, Indianapolis, for plaintiff-appellee.

NEAL, Judge.

Plaintiff-appellee James O. Held & Co., Inc. (Held) brought suit for breach of contract against Citizens Progress Company, Inc. (Citizens) in Marion Superior Court. Held claimed Citizens had breached an oral agreement to prepay for material as it arrived in Held's warehouse. Citizens denied the existence of the agreement and counterclaimed for breach of a written construction contract. After a bench trial the court concluded that neither party was...

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