# Callander v. Sheridan

> Indiana Court of Appeals · November 29, 1989 · 546 N.E.2d 850

URL: https://www.frixlaw.com/law-library/cases/9744044

## Case

- **Full name:** Ray CALLANDER, Appellant (Defendant Below), v. Thomas SHERIDAN and Toni Sheridan, Appellees (Plaintiffs Below)
- **Court:** Indiana Court of Appeals
- **Decided:** November 29, 1989
- **Citations:** 546 N.E.2d 850; 1989 Ind. App. LEXIS 1190; 1989 WL 145389
- **Precedential status:** Published
- **Opinion:** Dissent by Ratliff
- **Judges:** Staton, Ratliff, Hoffman
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9744044

## How later opinions describe it (automated extraction)

- discussing this duty in a breach of contract case

## Opinion text

RATLIFF, Chief Judge,
dissenting.
Insofar as the majority opinion fails to bar the Sheridans from recovery based upon the release provision of the purchase agreement, I must dissent.
The language of the provision is unambiguous and releases Callander from all liability arising out of defects in the premises. At the time the purchase agreement was entered into no public policy prevented the parties in the present case from agreeing to release Callander from liability arising out of even latent defects. See Lechner v. Reutepohler (1989), Ind.App., 545 N.E.2d 1144, 1148 (an identical release provision held to be unambiguous and to bar the homeowners’ recovery against the builder-vendor for defects in the foundation of the home.)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9744044. Public record. Not legal advice.