Legal Opinion

Ardis W. Tucker, Sr. and Sandra D. Tucker v. Tom Raper, Inc. and Clarke Power Services, Inc.

Indiana Court of Appeals

Decided August 3, 2017No. Court of Appeals Case 89A01-1702-CC-463Published

1Opinion of the Court

Robb, Judge.

Case Summary and Issue

Ardis and-Sandra Tucker (the “Tuckers”) filed a eomplaint alleging breach of contract against Tom Raper, -Inc. and Clarke Power Services, Inc. for failure to repair their damaged recreational vehicle (“RV”). The Tuckers’ complaint alleged they were third-party beneficiaries of two separate contracts: one between their RVs insurer, American Family Insurance, and Raper; and one between American Family or Raper and Clarke. Thereafter, Raper and Clarke filed motions to dismiss alleging, among other things, that because the Tuckers asserted they were third-party…

2Cases cited9 opinions

  1. Carson Pirie Scott & Co. v. ParrettIllinois Supreme Court · 1931
  2. OEC-Diasonics, Inc. v. MajorIndiana Supreme Court · 1996
  3. Freigy v. Gargaro Company, Inc.Indiana Supreme Court · 1945
  4. F.W. Hempel & Co., Inc., a Corporation v. Metal World, Inc., a Corporation, and Ledoux and Company, a CorporationCourt of Appeals for the Seventh Circuit · 1983
  5. Cain v. GriffinIndiana Supreme Court · 2006

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