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Thursday, May 19, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In James S. Tracy v. Steve Morell, et al. , an 18-page opinion, Judge Najam writes:

James S. Tracy filed a complaint against Steve Morell1 alleging fraud in the sale of a farm tractor with an altered identification number. Morell filed a counterclaim alleging that Tracy was in default on the promissory note Tracy had given in payment for the tractor. Following a bench trial, the trial court dismissed Tracy’s complaint with prejudice for failing to meet his burden of proof. And the trial court concluded that Tracy owed Morell a balance of $4000 on his note as alleged in Morell’s counterclaim. On appeal, Tracy contends that the trial court erred when it dismissed his complaint and concluded that he owed a balance on the note. We determine that there was ample evidence in the record for a judgment on the merits and no reason in fact or in law why the complaint should have been dismissed. We also determine that the trial court did not err when it held that Tracy failed to meet his burden of proof on his fraud claim. But we conclude that the contract for sale of the tractor is unenforceable because there was a mutual mistake of fact between the parties and the contract violates public policy. Thus, we hold that Tracy has no further obligation on the note. Further, we hold that Tracy is entitled to a rescission of the contract for sale of the tractor and to a money judgment in the amount he has paid on the note together with interest.
NFP civil opinions today (1):

Mark Kramer, et al. v. Kramer Furniture and Cabinet Makers, Inc., et al. (NFP)

NFP criminal opinions today (5):

Tameka Caldwell v. State of Indiana (NFP)

Nathaniel Dawn v. State of Indiana (NFP)

A.B. v. State of Indiana (NFP)

Carl C. Tucker v.State of Indiana (NFP)

Robert A. Nelson, Jr. v. State of Indiana (NFP)

Posted by Marcia Oddi on May 19, 2011 10:50 AM
Posted to Ind. App.Ct. Decisions