Ferris Realty, Inc. v. ABCO Signs, Inc.

Dissenting Opinion

Jackson, J.

— This case comes to us on a petition to transfer from the Appellate Court under Acts 1933, ch. 151, §1, p. 800, being §4-215, Burns’ 1946 Replacement. *164See: Ferris Realty, Inc. v. ABCO Signs, Inc. (1962), 182 N. E. 2d 456, for the opinion of the Appellate Court.

Transfer was denied and from such denial I hereby dissent. This was an appeal from a judgment of the Marion Superior Court, Room 5, in an action for a breach of contract on an alleged guaranty. The trial court held for the plaintiff, appellee herein, and entered judgment against the defendant, appellant…