Legal Opinion

Grimm v. FD Borkholder Co., Inc.

Indiana Court of Appeals

Decided September 20, 1983No. 4-982A268PublishedCited by 26 opinions

1Opinion of the Court

CONOVER, Presiding Judge.

James L. and Mary H. Grimm (Grimms) brought this action against F.D. Borkholder Co., Inc., (Borkholder) alleging breach of express and implied warranties, negligence and fraud. The trial court entered summary judgment for Borkholder.

We affirm.

ISSUE

A single issue is dispositive of this appeal:

Whether the release executed by the Grimms barred their action as a matter of law.

FACTS

On August 24, 1977, the Grimms entered into a contract with Borkholder for construction of a grain storage building. The contract provided the building would hold 22,044 bushels of shelled corn…

2Cases cited19 opinions

  1. English Coal Co., Inc. v. DurcholzIndiana Court of Appeals · 1981
  2. Podgorny v. Great Central Insurance Co.Indiana Court of Appeals · 1974
  3. Perry v. Northern Indiana Public Service Co.Indiana Court of Appeals · 1982
  4. Moll v. South Central Solar Systems, Inc.Indiana Court of Appeals · 1981
  5. Stuteville v. DowningIndiana Court of Appeals · 1979

14 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Al Vaughn, Marjorie Vaughn, Algon Corporation and Springfield Drive-Ins, Inc. v. General Foods Corporation and Burger Chef Systems, Inc.Court of Appeals for the Seventh Circuit · 1986
  2. Lafary v. LafaryIndiana Court of Appeals · 1985
  3. Prall v. Indiana National BankIndiana Court of Appeals · 1994
  4. ITT Commercial Finance Corp. v. Union Bank & Trust Co.Indiana Court of Appeals · 1988
  5. Holland v. KingIndiana Court of Appeals · 1986

21 more not listed; retrieve them via the Exa API.

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