Reports of the Cases Decided in the Appellate Court of Indiana; With Tables of Cases Reported and Cited, Tables of Cases Overruled or Limited, Statutes Cited and Construed, Court Rules Cited and Construed, and an Index... Volume 15

Reports of the Cases Decided in the Appellate Court of Indiana; With Tables of Cases Reported and Cited, Tables of Cases Overruled or Limited, Statutes Cited and Construed, Court Rules Cited and Construed, and an Index... Volume 15

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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: ... the trial court construed the complaint as proceeding upon the theory of fraudulent representation, and appellee's counsel, in their brief, expressly claim that this is the theory of the complaint, and that they tried the case upon that theory. When a pleading is susceptible of being construed as proceeding upon two or more theories, or the predominating theory is dubious or uncertain, that theory adopted by the parties and trial court, and upon which the cause proceeded and was t.ried, will be followed by this court, Clercland, cIc., 1: . W. v. Dcbolf, 10 Ind. App. 174. ' The averments of the complaint, in so far as they are necessary to present the question of fraud, are, substantially, as follows: The plaintiff entered into an agreement with the defendant for the purchase of a steam-power brick machine. It was agreed that the plaintiff should pay the freight from Anderson to Genterton, and that he would place the machine in his brickyard at Centerton, and provide clay for starting and testing the machine. The defendant agreed to superintend and start the machine into successful operation, and to the satisfaction of the plaintiff. The defendant represented and warranted that the machine had a capacity to make 35,000 to 40,000 perfect brick per day, from clay sufficiently stiff to retain their forms; that the machine was of the best workmanship and materials, and was new, having been used but two or three days. In consideration of the representations, agreements, and warranty, the plaintiff agreed to pay the defendant the sum of $550.00, as follows: $275.00 cash, and-'$27 5.00 by his negotiable promissory note due in one year, when the defendant should start the machine into successful operation, and it should be demonstrated...show more

Product details

  • Paperback
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236844939
  • 9781236844934