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ALBER v. STANDARD HEATING & AIR CONDITIONING

No. 3-1083A335.

476 N.E.2d 507 (1985)

Dale H. ALBER and Jane A. Alber, Appellants (Third-Party Defendants and Counterclaimants below), v. STANDARD HEATING and AIR CONDITIONING, Inc., and Ronald Mitchell, Appellees (Defendants and Third-Party Plaintiffs below), v. H.B. Shank & Sons, Inc., (Plaintiff below).

Court of Appeals of Indiana, Third District.

April 9, 1985.

Attorney(s) appearing for the Case

Gary M. Cappelli, J. Michael Loomis, Cappelli and Loomis, Fort Wayne, for appellants.

T. Dean Swihart, Grotrian & Boxberger, Fort Wayne, for appellees.

HOFFMAN, Judge.

On July 8, 1968, appellant Dale Alber purchased a heating and air-conditioning business from the H.B. Shank family. As condition to the purchase agreement, Alber was permitted to use the trade name H.B. Shank & Sons, Inc. for a period of six years. Without permission, Alber continued to use this trade name after his contractual right expired. In 1975, Alber sold out to appellee Ronald Mitchell and warranted...

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