Eckert v. Binkley

This case is here for the second time. See Binkley v. Forkner, 117 Ind. 176.

The facts, so far as necessary for this appeal, are these: In March, 1883, John M. Kemper, then a resident of Marion county, purchased of Eckert brothers, appellants, a tract of land in Dubois county, upon which to erect a heading factory. On March 7th, 1883, he executed to said appellants his notes for one thousand dollars, the purchase-price, secured by mortgage on the land- Before purchasing the land, Kemper had given to Hadley, Wright & Co., manufacturers of the city of *615Indianapolis, an order for certain machinery…