SCHUMAN v. KOBETS

No. 49S02-9901-CV-13.

716 N.E.2d 355 (1999)

Linda K. SCHUMAN & Rachel Stuckey, Appellants (Plaintiffs Below), v. Ernest M. KOBETS & Susan G. Kobets, Appellees (Defendants Below).

Supreme Court of Indiana.

September 15, 1999.


Attorney(s) appearing for the Case

Timothy E. Peterson, D. Robert Webster, Indianapolis, Indiana, Attorneys for Appellants.

Nana Quay-Smith, James P. Strenski, Indianapolis, Indiana, Attorneys for Appellees.


SHEPARD, Chief Justice.

The claimants in this case filed a complaint that largely recited tort, but wrapped the claim in contract language in hopes of using the six-year statute of limitation applicable to contract actions. The trial court was right to dismiss the tort claims as tardy, but there may be some remaining viable contract claim.

Linda Schuman rented an apartment from Ernest and Susan Kobets from 1989 to 1993 under an oral month-to-month lease. In...

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