BIGGER HERITAGE CORP. v. KILBEY

No. 71A03-9508-CV-291.

667 N.E.2d 184 (1996)

BEIGER HERITAGE CORP., Appellant, v. The Estate of George D. KILBEY and Carnegie Properties, Inc., Appellees.

Court of Appeals of Indiana.

Rehearing Denied August 27, 1996.


Attorney(s) appearing for the Case

Anastasia M. Mayette, Mayette & Mayette, Mishawaka, for appellant.

Don G. Blackmond, Jr., Don G. Blackmond, Doran, Blackmond, Ready, Hamilton & Williams, James P. Knepp, William L. Wilson, Hahn, Walz, Knepp and Dvorak, South Bend, for appellee.


OPINION

GARRARD, Judge.

We address the issue of whether Beiger Heritage Corporation properly exercised its right of first refusal pursuant to a real estate purchase agreement between Beiger and George D. Kilbey, deceased, when it did not tender an earnest money deposit. FACTS

On February 16, 1976, Kilbey purchased the Carnegie Library in Mishawaka, Indiana from Beiger. The real estate purchase...

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