Deardorf v. State

NEAL, Judge.

STATEMENT OF THE CASE

Defendant-appellant, John Deardorf (Deardorf), appeals from his conviction of theft by misrepresentation.

We reverse.

STATEMENT OF THE FACTS

Deardorf is a meat trader doing business as Interstate Meats, who sells primarily to grocery chains and institutions. Indiana University (L.U.) in Bloomington had been a customer of Deardorf for several years when it sent out price requests on 200,000 pounds of U.S.D.A. graded good beef knuckles in January of 1983. The request stated phone bids would be accepted until noon on February 8. On February 4 the specifications were…