O'Brien v. Higley
Indiana Supreme Court
From Superior Court of Madison County; H. G. Ryan, Judge. Action by Joseph L. Iligley and others against Patrick T. O’Brien. From a judgment for plaintiffs, defendant appeals. Transferred from Appellate Court, under §1337u Burns 1901.
1Opinion of the CourtDowling, J.
Action by tbe appellees against tbe appellant upon a contract in writing for the sale and delivery by the appellees of 512,000 bricks for street paving in the city of Alexandria, Indiana. Answer, denial and payment. A counterclaim was filed alleging damage to the appellant because of the failure of appellees to ship the bricks at the time fixed by the contract, because of the defective character of the brick, and because of expense incurred by appellant in resetting and in hauling defective or worthless brick. Eeply in denial. The cause was tried by jury, and a verdict wás returned for…
2Cited by7 opinions
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- Friedman v. Citizens Natural Gas, Oil & Water Co.Indiana Court of Appeals · 1925
- Murray v. MurrayIndiana Court of Appeals · 1916
- Ebersold v. WiseIndiana Court of Appeals · 1980
- Smith v. TothIndiana Court of Appeals · 1916
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