![]() Pursuant to applicable restrictions, the house was placed at the front set-back line. ![]() The Andersons did not provide Horizon with a staked survey they simply instructed Horizon to center the house from side to side on the lot. Further, the Andersons were made "solely responsible and liable for mistakes or errors in the location of the dwelling due to directions." Record, p. The contract required the Andersons to give directions to Horizon for the location of the house and to provide Horizon with a staked survey. The Andersons assumed responsibility for complying with all zoning requirements and assumed "all responsibilities and costs for *1284 obtaining variances, rezonings, changes of set-back lines or easements." Record, pp. Pursuant to the contract, Horizon assumed responsibility for obtaining permits and bonds necessary for prosecution of the work. The contract provided for a $500.00 payment to Horizon at the time of execution, with the balance to be paid in four installments. The Andersons then contracted with Horizon for the construction of a single-family residence on the lot at a price of $89,835.00. In June, 1988, the Andersons purchased real estate in Plainfield, Indiana. whether the Andersons filed a late praecipe, thereby forfeiting their right to bring this appeal. Horizon cross-appeals, raising a single issue for our review:ġ. whether the trial court erred as a matter of law in denying the Andersons' counterclaim for damages. whether the trial court erred as a matter of law in the amount of damages it awarded to Horizon and,Ģ. ![]() The Andersons raise two issues for our review:ġ. ("Horizon"), awarding damages to Horizon and ordering that the Andersons should take nothing by way of their counterclaim. Terry and Kathy Anderson ("the Andersons") appeal from the trial court's entry of summary judgment in favor of Horizon Homes, Inc. Gundlach, Hinkle Keck & Gundlach, Danville, for appellee. Ksenak, Bowman & Ksenak, Indianapolis, for appellants. ANDERSON and Kathy Anderson, Appellants,Ĭourt of Appeals of Indiana, Fifth District.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |