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THALMAN ET AL. v. MONTGOMERY WARD & CO.

No. 18,446.

124 Ind. App. 442 (1954)

116 N.E.2d 543

THALMAN ET AL. v. MONTGOMERY WARD & CO., INC.

Court of Appeals of Indiana.

Rehearing denied February 19, 1954.

Transfer denied April 15, 1954.

Attorney(s) appearing for the Case

William Robison, Jr., of Frankfort, Earl B. Barnes, Robert S. Ashby, of Indianapolis, and Robison & Robison, of Frankfort, and Barnes, Hickam Pantzer & Boyd, of Indianapolis (of Counsel), for appellants.

Emerson Boyd, Hugh E. Reynolds, Jr., of Indianapolis, Russell P. Harker, of Frankfort, and David L. Dickson, of Chicago, Illinois, and Harker & Irwin, of Frankfort, and Slaymaker, Locke & Reynolds, of Indianapolis (of Counsel), for appellee.

CRUMPACKER, C.J.

The appellants are the owners of a store building in downtown Kokomo, Indiana, which is now in the possession of the appellee under the terms of a 10-year lease and its renewals executed in 1933 and effective on March 1, of that year. Asserting that the appellee paid them only a part of the rent due, under the terms of said lease, from March 1, 1933, through February 29, 1948, the appellants brought this suit to collect the unpaid balance thereof...

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