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ITT INDUS. CREDIT CO. v. R.T.M. DEVELOPMENT CO.

No. 71A03-8610-CV-00297.

512 N.E.2d 201 (1987)

ITT INDUSTRIAL CREDIT COMPANY, Appellant-Plaintiff, v. R.T.M. DEVELOPMENT Co., Inc., Ray T. Miller, Jr., Ann Miller, Eugene E. Zimmer, Jane Zimmer, Fred E. Davis, Helen E. Davis, Earl E. Bostic, Margaret Bostic, Paul M. Gillmore, Carl J. Reinke & Sons, Inc., and Ritschard Bros., Inc., Appellees-Defendants.

Court of Appeals of Indiana, Third District.

August 26, 1987.

Attorney(s) appearing for the Case

F. Richard Kramer, Rebecca Hoyt Fischer, Kramer & Murphy, P.C., South Bend, for appellant-plaintiff.

James F. Groves, Edward W. Hardig, Hardig, Lee & Groves, South Bend, for appellees-defendants Eugene E. Zimmer & Jane Zimmer.

STATON, Judge.

Eugene and Jane Zimmer (the Zimmers) are the owners of real estate in South Bend, Indiana. That real estate was sought by R.T.M. Development Co., Inc. (RTM) for its plans to build a Hilton Hotel. RTM offered to buy the Zimmers' property for $100,000.00, and to that end the Zimmers executed a warranty deed with the words "Not valid until receipt of full payment" written across the top of it.

RTM also...

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