Hawkins v. Dorst Co.
Indiana Supreme Court
From Jay Circuit Court; James R. Fleming, Special Judge. Action by the Dorst Company and others against Morton S. Hawkins. From a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)
1Opinion of the CourtLairy, J.
The complaint in this case is based upon a common count for merchandise sold and delivered by appellee to appellant at his special instance and request. Appellee recovered judgment below and appellant appeals, assigning as the only error relied on the action of the trial court in overruling his motion for a new trial. Appellant asserts that the evidence is insufficient to sustain the verdict basing his right to a reversal solely upon this cause assigned in his motion for a new trial.
The evidence shows that the merchandise sold consisted of 1,000 enameled gold lodge buttons, emblematical of a…
2Cases cited3 opinions
- Second National Bank v. Midland Steel Co.Indiana Supreme Court · 1900
- Hayes v. ShirkIndiana Supreme Court · 1906
- Dotson v. FaulkenburgIndiana Supreme Court · 1917
3Cited by4 opinions
- Clark Advertising Agency, Inc. v. Avco Broadcasting Corp.Indiana Court of Appeals · 1978
- Tudor v. HEUGELIndiana Court of Appeals · 1961
- Dotson v. FaulkenburgIndiana Supreme Court · 1917
- David J. Bogolia and Nikki Schafer v. John Danielson, M.D.Indiana Court of Appeals · 2012