Bertha v. Sparks

Robinson, C. J. -— Appellant appeals from a judgment

— Appellant appeals from a judgment rendered in appellee’s favor for brokerage commissions. . The errors assigned are that the complaint does not state facts sufficient to constitute a cause of action, and overruling appellant’s motion for a new trial. It is said that the complaint does not state that a demand had been made before suit brought. A demand was not necessary. Where money is due a party on a contract, the suit constitutes a sufficient demand. Ferguson v. State, ex rel., 90 Ind. 38; School Town of Princeton v. Gebhart, 61 Ind.…