Thompson v. Abbett

This is the second appeal in the same case. The prior opinion remanded the case for new trial. See Abbett v. Thompson (1970), 148 Ind. App. 25, 263 N.E.2d 733. Upon remand the plaintiff-appellee (Abbett) filed a motion for a summary judgment which was granted. The sole alleged error claimed by the defendant-appellant is “whether the mandate of the Appellate Court directing the granting of the plaintiff’s motion for new trial required that the defendant be afforded a new trial” in claiming a reduction in the contract price of the goods involved.

We are of the opinion that no error was committed…