Eikenberry v. Thorn
Indiana Court of Appeals
From Miami Circuit Court; Joseph N. Tillett, Judge. Action by William H. Eikenberry against Alonzo Thorn, administrator of the estate of Philip B. Yoars, deceased. From a judgment for defendant the plaintiff appeals.
1Opinion of the CourtFelt, P. J.
This suit was commenced by appellant to recover damages alleged to be due him from appellee’s decedent for the breach of a contract. The court sustained a demurrer to the complaint and, appellant refusing to plead further, judgment was rendered against him, from which he has appealed. The action of the court in sustaining the demurrer to the complaint is the error assigned and relied on for reversal.
The complaint is in substance as follows: On January 11, 1912, appellant and the decedent, Philip B. Yoars, entered into a contract by the terms of which decedent agreed to convey to appellant by…
2Cases cited18 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Howard v. AdkinsIndiana Supreme Court · 1906
- Oolitic Stone Co. v. RidgeIndiana Supreme Court · 1908
- Dwiggins v. ClarkIndiana Supreme Court · 1884
- Burley Tobacco Society v. GillaspyIndiana Court of Appeals · 1912
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3Cited by2 opinions
- Seach v. Richards, Dieterle & Co.Indiana Court of Appeals · 1982
- Groth v. CommissionerUnited States Board of Tax Appeals · 1935