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BOWYER v. VOLLMAR

No. 18A04-8609-CV-289.

505 N.E.2d 162 (1987)

Larry BOWYER, an Individual, & Larry Bowyer d/b/a Bowyer Excavating Co., Appellant (Defendant below), v. Ron VOLLMAR d/b/a Vollmar Excavating & Wrecking Co., Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied May 11, 1987.

Attorney(s) appearing for the Case

Jeffry G. Price, Peru, for appellant.

Elizabeth Costello, Muncie, for appellee.

YOUNG, Judge.

Larry Bowyer appeals a $4500.00 judgment in favor of Ron Vollmar. Bowyer asserts that:

1. The contract between Bowyer and Vollmar was rescinded by mutual agreement and therefore the trial court erred in entering judgment in favor of Vollmar; 2. The contract between the parties was required, under the Statute of Frauds, to be in writing and since no writing existed, the contract was unenforceable. Therefore, the trial court erred in...

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