SKENDZEL v. MARSHALL

No. 871A166.

289 N.E.2d 768 (1972)

Josephine SKENDZEL et al., Plaintiffs-Appellants, v. Agnes P. MARSHALL et al., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

December 7, 1972.


Attorney(s) appearing for the Case

Richard F. DeTar, Frank E. Spencer, Indianapolis, for plaintiffs-appellants.

LeRoy K. Schultess, Howard E. Petersen, LaGrange, for defendants-appellees.


HOFFMAN, Chief Judge.

This appeal is from a negative judgment on plaintiffs' complaint for possession of certain real estate. The controlling issue here presented is whether the decision of the trial court is supported by the evidence upon the elements of the affirmative defense asserted by the defendants, to-wit: that the plaintiffs waived compliance with the provisions of the contract.

The facts pertinent to our review of this case may be summarized from...

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