Hiatt v. Yergin

152 Ind. App. 497, 284 N.E.2d 834 (1972)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Hiatt (P), entered into two contracts with Yergin (D). In one contract, P agreed to sell their interest in a liquor distributorship to D. In the other contract, D agreed to resell the interest to P if P was unable to obtain a federal permit and approval of the Alcoholic Beverage Commission for P's new operation. P claims that the first contract had been performed along with the conditions precedent to the second contract. D refused to reconvey the interest. P sued and sought $500,000 in damages for the withholding of stock, an accounting, and specific performance of the second contract. P's demand for a jury trial was denied. The court found that P had not used due diligence in attempting to obtain the permit and entered judgment against P. P appealed.