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SMITH v. POTTER

No. 56A04-9410-CV-394.

652 N.E.2d 538 (1995)

Ronald SMITH, Appellant/Plaintiff, v. Clayton POTTER, Marianne Potter, Mercantile National Bank of Indiana, and Junior Clayton Potter, Jr. a/k/a Clayton Potter, Jr., Appellee/Defendants.

Court of Appeals of Indiana.

Transfer Denied November 22, 1995.

Attorney(s) appearing for the Case

James M. Kapitan, Thomas E. Rucinski, Sachs & Hess, Hammond, for appellant.

William Barnard, Debra McVicker Lynch, Sommer & Barnard, P.C., Indianapolis, for appellees.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Ronald Smith appeals the trial court's judgment in favor of Marianne Potter and her stepson, Junior Clayton Potter, Jr. We affirm.

ISSUE1

Whether the trial court's conclusion that Smith's failure to close the transaction in 1989 extinguished Mrs. Potter's obligation to convey the real estate to him was clearly erroneous.

FACTS<...

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