McCormick Harvesting Machine Co. v. Glidden

The appellant insists that the third paragraph of the appellee’s answer is bad, for the reason that it fails to’ *448set forth a copy of the written instrument on which it is founded. The answer contains this statement: “The plaintiff represented, covenanted and warranted by its written agreement, a copy of which is herewith filed and made part hereof,” but no copy of the agreement was filed with the answer. In Brown v. State, ex rel., 44 Ind. 222, it was said: “The statute is imperative that the instrument or a copy .of it must be filed with the pleading; alleging that it is filed is not enough.…