Legal Opinion

Kesler v. Marshall

Indiana Court of Appeals

Decided August 5, 2003No. 20A03-0204-CV-107PublishedCited by 21 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge.

Kenneth J. Kesler and J. John Marshall entered into a real estate purchase agreement, in which Kesler agreed to purchase real property from Marshall, but the sale was not consummated. The trial court ruled in Marshall’s favor in his suit for specific performance of the contract and incidental damages. Kesler appeals the judgment, raising numerous issues for review. We find the following issue disposi-tive: whether the trial court’s finding that Kesler breached the contract was clearly erroneous.

We reverse.

FACTS AND PROCEDURAL HISTORY

On November 24, 1990, Kesler and…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. Hiatt v. YerginIndiana Court of Appeals · 1972
  2. Greenstone v. Claretian Theological SeminaryCalifornia Court of Appeal · 1959
  3. Porter v. Bankers Trust Co. of CaliforniaIndiana Court of Appeals · 2002
  4. Wagner v. Estate of FoxIndiana Court of Appeals · 1999
  5. Tri-Professional Realty, Inc. v. HillenburgIndiana Court of Appeals · 1996

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Harold O. Fulp, Jr. v. Nancy A. GillilandIndiana Supreme Court · 2013
  2. UFG, LLC v. Southwest Corp.Indiana Court of Appeals · 2006
  3. Gabriel v. Windsor, Inc.Indiana Court of Appeals · 2006
  4. Poppe v. JabaayIndiana Court of Appeals · 2004
  5. Stanford Hotels Corp. v. Potomac Creek Associates, L.P.District of Columbia Court of Appeals · 2011

16 more not listed; retrieve them via the Exa API.

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