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THE WINTERTON, LLC v. WINTERTON INVESTORS

No. 49A04-0710-CV-608.

900 N.E.2d 754 (2009)

THE WINTERTON, LLC, Appellant-Defendant, v. WINTERTON INVESTORS, LLC, Appellee-Plaintiff, and Scott M. Brown, Appellant-Intervening Plaintiff, v. The Winterton, LLC and Kevin Kirkpatrick, Appellees-Intervening Defendants.

Court of Appeals of Indiana.

January 22, 2009.

Attorney(s) appearing for the Case

Rory O'Bryan, Timothy J. Hulett, Stephen J. Peters, David I. Rubin, Indianapolis, IN, Attorneys for Appellant.

Richard J. Dick, Marvin Mitchell, Indianapolis, IN, Attorneys for Appellee.

Michael Rabinowitch Maureen E. Ward, Indianapolis, IN, Attorneys for Appellant-Intervening Plaintiff.

OPINION

SHARPNACK, Senior Judge.

STATEMENT OF THE CASE

This appeal concerns two contracts for the sale of a multi-tenant office park by Winterton, LLC ("Winterton"). The first contract was between Winterton and Jacob Acquisitions, LLC, as purchaser, whose interest was later assigned to Winterton Investors, LLC ("Investors"). The second contract was between Winterton and Brown, as purchaser. The second contract was intended to be a back-up...

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