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CAPTAIN & CO., INC. v. STENBERG

No. 4-285A44.

505 N.E.2d 88 (1987)

CAPTAIN & COMPANY, Inc. and Darold Joe Bates, Appellants (Defendants below), v. Daniel T. STENBERG, and Dorothy I. Stenberg, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

Rehearings Denied May 26, June 12, 1987.

Attorney(s) appearing for the Case

James R. Byron, Thorne, Grodnik, & Ransel, Elkhart, Ralph R. Huff, Goodrich, Jones & Huff, Plymouth, for appellants.

Edward J. Chester, Chester & Paulson, Elkhart, James N. Clevenger, Kizer, Neu, Joyce, Wyland Humphrey, Wagner & Gifford, Plymouth, for appellees.

MILLER, Judge.

Appellants, home building contractors Darold Joe Bates and the Captain & Company, Inc. (the Company) entered a contract to rebuild the fire damaged home of Daniel and Dorothy Stenberg. When the Stenbergs refused to pay more than what they considered to be the agreed contract price, the Company ceased work on the house. The Stenbergs sued on the theories of breach of contract, fraud and violation of the...

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