Thirty-Four Corp. v. Sixty-Seven Corp.

The defendant-appellant contends that the court of appeals did not properly carry out its duty under App. R. 12 because it refused to consider whether the judgment below could be supported on any basis other than the reasons given by the trial court. Apparently, appellant is arguing that the appellate court should have affirmed the trial court’s judgment on the basis of a failure of consideration, even though it found that laches and accord and satisfaction were not supported by the record.1 The plaintiff-appellee counters that the appellant is- estopped from raising the issue of failure of…