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Obering v. Swain-Roach Lumber Co.

Appellate Court of Indiana
155 N.E. 712 (Ind.App. 1927)


Facts

The executor of Henry Buhner’s estate sought to sell his farmland containing valuable timber. Swain-Roach Lumber Co. (Swain-Roach) (plaintiff) was interested in purchasing the timber and Buhner’s relatives and heirs (Obering) (defendant) were interested in purchasing the land without the timber. Swain-Roach entered into a contract with Obering stating that if Swain-Roach bought the Buhner farmland, it would subsequently sell the land to Obering after it removed the timber. Swain-Roach did buy the farmland and tendered a deed for the land to Obering, reserving the timber for itself. However, Obering refused to accept the deed and Swain-Roach brought suit. The trial court ruled in favor Swain-Roach. Obering appealed, contending, among other things, that the contract lacked mutuality.

Rule of Law

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Issue

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Holding and Reasoning (Remy, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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