Reports of the Cases Decided in the Appellate Court of Indiana Volume 16

Reports of the Cases Decided in the Appellate Court of Indiana Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...and the judgment was entered against them in accordance with the special finding. I The appellants, James R. Bryant and David W. Hughes, jointly assign the following errors. "1. The courterred in overruling the joint separate demurrer of said appellants, James R. Bryant and David W. Hughes, to the second and third paragraphs of the complaint. ' "2. The court erred in sustaining a demurrer to the first and second paragraphs of the joint answer of said appellants, Bryant and Hughes. "3. The court erred in overruling the motion for a new trial. "4. The court erred in its conclusions of law upon the facts found." The appellants, James R. Bryant, David W. Hughes 'and Samuel C. Scott jointly assign the following errors: "1. The court erred in overruling the motion for a new trial., "2. The court erred in its conclusions of law upon the facts found." In order to sustain the second error assigned by Bryant and Hughes jointly, it is necessary for them to show that both the first and second paragraphs of their answer are suflicient. The ruling on the first paragraph has not been attacked in argument. Assuming the first paragraph to be insuflficient the second error assigned by said appellants has not been sustained. Everett v. Farrell, 11 Ind. App. 185, 187. The question presented by the other errors assigned is whether, in the absence of notice by appellee to appellants of the acceptance of the bond, the appellee can recover on the bond in this action. The substantial facts, proven beyond any controversy, as to the execution of the bond, are these: Ed. C. Scott applied in person to Stout for employment as salesman; Stout made a conditional contract of employment with him, and the condition was...show more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236963555
  • 9781236963550