(DOWNLOAD) "Jeppie Noel v. State Indiana" by Court of Appeals of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Jeppie Noel v. State Indiana
- Author : Court of Appeals of Indiana
- Release Date : January 21, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This action was brought by plaintiff-appellant Charles J. Goethals, Jr. (Goethals) for specific performance or, in the alternative, money damages, on an alleged contract between himself and defendants-appellees Marcel J. DeVos, Sr., Irma B. DeVos and Marcel J. DeVos, Jr., d/b/a DeVos Funeral Home (DeVos). The complaint alleges in substance that on April 1, 1974, counsel for DeVos sent a letter to counsel for Goethals offering to sell the general stock-in-trade and real estate of the DeVos Funeral Chapel and that on May 9, 1974, Goethals, through his attorney, sent a written reply accepting all of the terms and conditions of the alleged offer thereby consummating an enforceable contract of sale upon which a prayer for relief should be granted. In response DeVos denying the purported offer moved for summary judgment on grounds that the letter in question was not intended as an offer and was merely an attempt to negotiate. Upon affidavits submitted by the parties the trial court found no material issues of fact and that as a matter of law no contract ever came into existence between the parties. Goethals thereafter perfected this appeal contending that the trial court erred in granting the motion because the correspondence discloses evidence of an offer and an acceptance such as would preclude summary judgment.
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