Opinion
No. 1067S106.
Filed October 17, 1967. Rehearing denied November 13, 1967.
APPEAL — Stipulations — New Trial. — Where there was controversy between parties as to amendments to stipulations between parties and there was ambiguity in wording of stipulations, the Supreme Court felt that the ends of justice will best be served, if a new trial is granted, so that parties might have opportunity to introduce additional evidence.
From the Madison Superior Court No. 2, Nelson Bohannan, Judge.
Action for the partition of real estate by appellee, Maxine Carnahan, as Guardian of Townsend Albright. Trial court granted judgment for the appellee, and this appeal is taken.
Transferred from the Appellate Court pursuant to Rule 2-23 of the Supreme Court.
Reporter's Note: — Superseding Appellate Court opinion reported in 226 N.E.2d 165.
Reversed.
Beckman, Rotruck, Schuyler and LaPierre, and Peck, Scott Shine, of counsel, Billie W.C. Schuyler, John E. Scott, all of Anderson, for appellants.
Frank E. Spencer, of Indianapolis, Schrenker Anderson, Paul E. Schrenker, of Anderson, Rothberg, Gallmeyer, Fruechtenicht Logan, of Fort Wayne, for appellee.
This case comes to us on transfer from the Appellate Court of Indiana. (See opinion reported in 226 N.E.2d 165)
It is an action for the partition of certain real estate. The parties entered into certain stipulations, but there is a disagreement on appeal as to certain amendments to these stipulations. The appeal also reveals an ambiguity in the wording of the stipulations. The trial court granted judgment for the appellee. The Appellate Court reversed the judgment, with directions to enter judgment for the appellants.
The appellee contends this is improper because she has additional and new evidence to present on a new trial. Because of the controversy over the stipulations, we feel that the ends of justice will be best served if a new trial were granted and the parties given an opportunity also to introduce additional evidence.
Accordingly, this cause is transferred to this Court, and judgment is reversed, with directions to the trial court to vacate the stipulations of the parties heretofore made, and to grant the parties a new trial.
Hunter, C.J., not participating.
NOTE. — Reported in 230 N.E.2d 314.