Legal Opinion · Dissent

Wiggin v. Gee Co.

Indiana Court of Appeals

Decided March 20, 1979No. 3-476A98Published

1DissentGarrard, Presiding Judge

I must vigorously dissent to the majority opinion in this case and must further state that I believe the case of Mid America Homes v. Horn (1978), Ind.App., 377 N.E.2d 657, recently handed down by this court was wrongly decided.

While it is true that a friend of appellant, who described himself as assisting the contractor, contracted Gee Co., the court’s findings clearly show that judgment was not entered upon the basis that Gee Co. dealt directly with the owner within the contemplation of IC 32-8-3-1.

What does not appear in the majority opinion is that Wiggin contracted with one Singleton to…

2Cases cited1 opinion

  1. Mid America Homes, Inc. v. HornIndiana Court of Appeals · 1978

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