Heffington v. Tichenor
| Decision Date | 15 March 1946 |
| Docket Number | 17443. |
| Citation | 65 N.E.2d 500,116 Ind.App. 475 |
| Parties | HEFFINGTON v. TICHENOR et al. |
| Court | Indiana Appellate Court |
Appeal from Vanderburgh Superior Court; Robert N. Tracewell Judge.
Roberts & Roberts, of Evansville, for appellant.
Craig & Craig, of Evansville, for appellee.
This action was brought by the appellant to set aside a contract for the purchase of certain real estate, deeds given as partial consideration therefor, and for damages, all on the basis of alleged fraudulent representations on the part of appellees. Trial to the court without the intervention of a jury resulted in judgment for appellees that appellant take nothing.
Error relied upon for reversal is the overruling of appellant's motion for a new trial which charges that the decision is not sustained by sufficient evidence and is contrary to law. The appeal being from a nagative judgment the assignment that the decision is not sustained by sufficient evidence presents no question. Wilson Adm'x, v. Rollings, 1938, 214 Ind. 155, 14 N.E.2d 905.
Under her propositions, points and authorities in presenting the proposition that the decision is contrary to law, appellant contends that appellees made false representations in two particulars and we quote the pertinent statements from appellant's brief on each point so raised:
(1) 'Although the tenancy of the WASPs had expired when the transaction was completed, the appellees failed to reveal the fact, permitting the appellant to rely on their original representation that the property was renting and would continue to rent for more than $400 per month.'
(2) 'The appellant Flora B. Heffington contracted to purchase property from the appellees for a price greatly in excess of its real or rental value and in addition traded other properties.'
There is much conflict in the evidence but this court may only consider that most favorable to appellees. On the two charges of fraudulent representation there is evidence of the following facts:
On October 30, 1944, appellee Perry H. Tichenor, who was engaged in the real estate business, approached appellant with a proposition to sell her a twelve-room house and its furniture located in Evansville, Indiana, and owned by appellee Perry H. Tichenor and his wife, appellee Elsie H. Tichenor. Together they went to see the property and examined it carefully inside and out. Appellant saw all the rooms except a small back apartment. The entire house except this apartment was leased to the Women's Auxiliary Service Pilots at a weekly rental of $96. The small back apartment...
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