Lystarczyk v. Smits

435 N.E.2d 1011 (1982)

John LYSTARCZYK, Erma Lystarczyk, Appellants-Defendants,

v.

Vernon C. SMITS, d/b/a Able Realty, Plaintiff-Appellee.

No. 3-781A186.

Court of Appeals of Indiana, Third District.

May 26, 1982.

W. Russell Sanford, Plodowski & Sanford, South Bend, for appellants-defendants.

Charles A. Asher, South Bend, for plaintiff-appellee.

STATON, Judge.

Vernon C. Smits doing business as Able Realty and John and Erma Lystarczyk[1] had entered into a contract whereby Smits was to build Lystarczyk a house as close as possible to a model home Smits had built and Lystarczyk was to pay Smits $34,600.…