Mogensen v. Martz

STATON, Judge.

Martz and others sued Mogensen and his surety in Small Claims Court, seeking damages for Mogensen’s alleged breach of a contract between himself and the Whitley County Drainage Board. The court found in favor of Martz and entered judgment against Mogensen for $560.00 plus costs. Although Mogensen raises a number of questions on appeal, the only issue which this Court must address is whether Martz and the others had standing to enforce the contract.

Reversed.

Pete Mogensen and the Whitley County Drainage Board executed a contract on November 9, 1979. This contract provided that…