Tong v. Orr
Indiana Court of Appeals
From St. Joseph Circuit Court; Walter A. Funk, Judge. Action by Joseph G. Orr, against Lucius G. Tong and another, as trustees. From a judgment for plaintiff, defendants appeal.
1Opinion
On Petition for Rehearing.
Roby, J.
2. The case of Cordes v. Bailey (1906), 39 Ind. App. 83, is not in conflict with the decision herein. It was held in that case that the parties were bound by their contract. It was not held that parties competent to make a contract might not, at their pleasure, cancel, *694abandon, modify or change it. It is not necessary to decide whether there is evidence in the record sufficient to sustain a finding that the original contract had not been abandoned. The sole question is whether there is evidence to sustain the finding made by the general verdict, and that…
2Cases cited1 opinion
- Cordes v. BaileyIndiana Court of Appeals · 1906