Legal Opinion

Vulcan Iron Works Co. v. Electro Magnetic Gold Mining Co.

Indiana Supreme Court

Decided October 10, 1912No. 7,519PublishedCited by 36 opinions

Prom Morgan. Cirenit Court; Nathan A. Whitaker, Special Judge. Action by Tbe Electro Magnetic Gold Mining Company against Tbe Yulcan Iron Works Company. Prom a judgment for plaintiff, tbe defendant appeals.

1Opinion of the CourtLairy, J.

1 This was an action based upon a written contract for a breach of warranty in the sale of a steam shovel. The case was tried upon an amended complaint to which the contract which is the foundation of the action was not made an exhibit. The amended complaint states the contents of the contract in general terms and refers to it as being filed with the original complaint marked “Exhibit A”; but, as the original complaint was superseded by the filing of the amended complaint and was thereby taken out of the record, a reference to an exhibit filed with such original complaint does not aid the…

2Cases cited16 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
  2. Baker v. PyattIndiana Supreme Court · 1886
  3. Sohn v. CambernIndiana Supreme Court · 1886
  4. Walling v. BurgessIndiana Supreme Court · 1890
  5. Valentine v. WysorIndiana Supreme Court · 1890

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3Cited by36 opinions

  1. South Tippecanoe School Building Corp. v. Shambaugh & Son, Inc.Indiana Court of Appeals · 1979
  2. Huntington Mutual Insurance v. WalkerIndiana Court of Appeals · 1979
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
  4. O'Connor v. West Sacramento Co.California Supreme Court · 1922
  5. Wilson v. KauffmanIndiana Court of Appeals · 1973

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