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Dieter Ludwig Yates v. State Indiana

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eBook details

  • Title: Dieter Ludwig Yates v. State Indiana
  • Author : Supreme Court Of Indiana
  • Release Date : January 14, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

This suit arises out of a dispute concerning a contract to renovate and upgrade a grain elevator and storage facility. The case was tried below as an UCC Article-2 Sales Contract.[Footnote 1] It was tried without benefit of jury and, as requested, the court made findings of fact and Conclusions of law. We need not recite these findings except as needed to discuss the issues presented for appeal. We will say, for purposes of introduction, that the trial court found Edwin Uebelhack, as part owner and president of Uebelhack Equipment, Inc. (Uebelhack) contracted in October or November of 1976 with Paul Zimmer, part owner and manager of Garrett Brothers, Inc. (Garrett) to furnish and construct various bins, legs and other equipment and remove old equipment to renovate and expand Garretts grain operations. The trial court found that the parties to the contract agreed to have the project completed, or at least operational, by April of 1977 in order that Garrett could be in business during the wheat, and later, the corn harvest. The only written evidence of the contract was a brief statement on Uebelhack stationery listing some of the equipment and the total contract price. The trial court did not specifically so state, but it can be inferred that it conceived of the contract as essentially oral.


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