Legal Opinion
Bennett v. Broderick
Indiana Court of Appeals
Decided December 27, 2006No. 64A04-0606-CV-332PublishedCited by 19 opinions
1Opinion of the Court
OPINION
NAJAM, Judge.
STATEMENT OF THE CASE
Brian Bennett appeals from a small claims judgment in favor of Carole Broder-ick on his breach of contract claim. We address two issues on review:
1. Whether a binding contract was formed when Bennett tendered a postdated check as payment of the security deposit when he executed a residential lease with Broderick.
2. Whether Broderick repudiated the lease.
We reverse and remand with instructions.
FACTS AND PROCEDURAL HISTORY
On June 20, 2005, Bennett and his wife met with Broderick to execute a twenty-four-month residential lease agreement ("the lease") to…
2Cases cited7 opinions
- City of Dunkirk Water & Sewage Dept. v. HallIndiana Supreme Court · 1995
- Mominee v. KingIndiana Court of Appeals · 1994
- Bowman v. KitchelIndiana Supreme Court · 1995
- Indiana Department of Correction v. Swanson Services Corp.Indiana Court of Appeals · 2005
- Harbours Condominium Ass'n, Inc. v. HudsonIndiana Court of Appeals · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Larry J. Jernas and R & R Horse Haven, Inc. v. Kevin J. GumzIndiana Court of Appeals · 2016
- J. Michael Kummerer v. C. Richard MarshallIndiana Court of Appeals · 2012
- Meridian Security Insurance Co. v. Hoffman Adjustment Co.Indiana Court of Appeals · 2010
- Ream v. YANKEE PARK HOMEOWNER'S ASS'N, INC.Indiana Court of Appeals · 2009
- Brown v. GuinnIndiana Court of Appeals · 2012
14 more not listed; retrieve them via the Exa API.