Cain Family Trust v. Schrader Real Estate & Auction Co. - 5/13/13

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Monday  May 13, 2013 
1:30 PM  EST

1:30 p.m. 57A03-1209-PL-394. The Cain Family Farm, L.P., and the Cain Family Farm, LLC, (collectively “Cain Family Farm”) appeal the trial court’s grant of summary judgment in favor of Charles O. Drerup and Antlers Ridge, LLC, (collectively “Antlers Ridge”) on Cain Family Farm’s  complaint seeking to stop the transfer of real property owned by Cain Family Farm to Antlers Ridge.  Cain Family Farm presents the following issues for review on appeal:  whether the transfer of the subject real property constituted “the carrying on in the usual way the business” of Cain Family Farm under Indiana Code Section 23-18-3-1.1(b); whether there exist genuine issues of material fact regarding Candace Somerlott’s authority to bind Cain Family Farm when she executed a purchase agreement purporting to transfer the real property; and whether the purchase agreement precludes specific performance as a remedy available to Antlers Ridge

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