Hipskind Heating & Plumbing Co. v. General Industries, Inc.

On Petition to Transfer

Arterburn, C. J.

This case is before us on petition to transfer from the Appellate Court under Acts *2161933, ch. 151, §1, p. 800, being §4-215, Burns’ 1946 Replacement. See 194 N. E. 2d 733 for opinion of the Appellate Court.

In this case a building in the processs of repairs by the installation of a sprinkler system was destroyed by fire. The destruction of a building which is the subject of the contract for repairs excuses the performance of the remainder of the contract as to each party. The majority rule is that an event unforseen which creates an impossibility of…