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KELIHER v. CURE

No. 49A02-8610-CV-376.

534 N.E.2d 1133 (1989)

Daniel H. KELIHER, Appellant, v. Eric G. CURE and Elizabeth A. Cure, Appellees, and F.C. Tucker Co., Inc., and Margaret Mitchell, Nominal Appellees.

Court of Appeals of Indiana, Second District.

March 9, 1989.

Attorney(s) appearing for the Case

Richard A. Gole, P.C., Indianapolis, for appellant.

Ronald A. Wright, Harlow & Wright, Indianapolis, Edgar Allen Dale, South Portland, Me., for appellees.

Richard E. Aikman, Jr., Stewart, Irwin, Gilliom, Meyer & Guthrie, Indianapolis, for nominal appellees.

SULLIVAN, Judge.

Daniel H. Keliher (Keliher) appeals a judgment in favor of Eric G. and Elizabeth A. Cure (Cures) arising out of a real estate purchase agreement. The judgment ordered the return of the $5,000 earnest money deposit to Cures and denied Keliher's counterclaim for breach of the contract. The tenor of the judgment was to declare that performance of the purchase agreement was not required because a preliminary condition, i.e., Cures obtaining a favorable...

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