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Appeals court affirms breach ruling in truck dispute

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The Indiana Court of Appeals affirmed a Floyd Superior breach of contract ruling for a defendant who made a contract with a purchaser who defaulted after assuming payments on a Freightliner truck.

The appeals court found that the trial court did not abuse its discretion when it denied the plaintiff’s motion for involuntary dismissal or commit reversible error when it concluded that the defendant was estopped from denying the term of the parties’ lease contract.

In Steven Brown v. Chris Guinn, 22A01-1111-SC-524, Steven Brown appealed the trial court decision in Chris Guinn’s favor. Brown had signed a contract to assume payments on a tractor-trailer rig that Guinn had with Daimler Truck Financial.

Brown made payments for three months, but then failed to pay for three months and the truck was repossessed.

Though the contract was not produced in court, both parties testified that such a contract had been agreed to. It included provisions that either party could cancel the contract at any time.

Brown, who drafted the contract, said he canceled it after the last monthly payment he made because he had another buyer for the truck, but the sale fell through.

Brown also claimed the trial court’s decision was clearly erroneous. “Brown’s arguments on appeal are without merit,” Judge Edward Najam Jr. wrote in a unanimous decision.

 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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