Merrill v. Wimmer

ON CIVIL PETITION TO TRANSFER

PRENTICE, Justice.

This case is before us upon the petition of the Petitioners (Appellants below) to transfer the cause from the Court of Appeals, Fourth District, that court having reversed the judgment of the trial court by decision and opinion published at 453 N.E.2d 856. Said decision is in conflict with the decisions of that court in Weishaar v. Burton (1962), 182 Ind.App. 597, 179 N.E.2d 211, Gardner v. Grossman (1944), 115 Ind.App. 135, 57 N.E.2d 440, and Szulkowska v. Werwinski (1941), 109 Ind.App. 511, 36 N.E.2d 948, and contravenes ruling precedents of…