Legal Opinion

Masson v. Indiana Lighting Fixture Co.

Indiana Court of Appeals

Decided February 18, 1913No. 7,830Published

From Marion Circuit Court (.18,750); Charles Bemster, Judge. Action by the Indiana Lighting Fixture Company and others against Woodburn Masson. From a judgment for plaintiff, the defendant appeals.

1Opinion

On Petition for Rehearing.

Felt, P. J.

8. — In his petition for rehearing appellant insists that he offered to pay the amount due appellee before this suit was begun and that appellee refused to accept payment unless he would first dismiss another suit he had brought against it. He says the original opinion “virtually holds” that his refusal to accede to the demand of appellee for such dismissal affords the reason for affirming the judgment of the lower court. Conceding, but not deciding, that the finding that appellant “was ready and willing” to give his check for the amount due, if…

2Cases cited6 opinions

  1. Kirklin v. ClarkIndiana Court of Appeals · 1913
  2. Storey v. KrewsonIndiana Supreme Court · 1876
  3. Bundy v. SummerlandIndiana Supreme Court · 1895
  4. Masson v. Indiana Lighting Fixture Co.Indiana Court of Appeals · 1913
  5. Ferguson v. WagnerIndiana Supreme Court · 1872

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