Fishers Grain Co. v. Sparks

This is an appeal from a decree granting specific performance and an injunction. The questions arise on assigned error in overruling appellants’ motion for a new trial which in substance specifies that the decision is not sustained by sufficient evidence and is contrary to law. Appellants offered no evidence but rely on the alleged insufficiency of that introduced by appellee. We summarize the material facts as follows:

A written contract was executed July 24, 1940, for the sale to appellee of the grain elevator business in the town of Fishers, Indiana, owned and theretofore operated by…