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GRAVIS v. GRAVES

No. 17A03-9104-CV-96.

574 N.E.2d 952 (1991)

Stanley GRAVIS, d/b/a East Bay Auto Parts, Appellant-Appellant below, v. Rose GRAVES, d/b/a Graves Body Crusher, Appellee-Plaintiff below.

Court of Appeals of Indiana, Third District.

July 18, 1991.

Attorney(s) appearing for the Case

Hugh N. Taylor, Auburn, for appellant-appellant.

John Martin Smith, Auburn, for appellee-plaintiff.

STATON, Judge.

Stanley Gravis, d/b/a East Bay Auto Parts, appeals the award of damages to Rose Graves, d/b/a Graves Body Crusher, in Graves' action for breach of contract. Gravis presents the following two issues for our consideration:

I. Whether the trial court impermissibly based its award of damages on speculation, conjecture and surmise. II. Whether the trial court erred in awarding prejudgment interest where Graves failed to mitigate her damages...

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