Illinois Surety Co. v. State ex rel. A. & C. Stone & Lime Co.
Indiana Court of Appeals
From Clinton Circuit Court; Joseph Combs, Judge. Action by tbe State of Indiana, on tbe relation of tbe A. and C. Stone and Lime Company, against tbe Illinois Surety Company and another. From a judgment for relator, tbe defendant named appeals.
1Opinion of the CourtDausman, C. J.
Under the first assignment, appellant make's the following contentions:(1) That the evidence wholly fails to show that the contract for the stone, which was signed “G. B. Lynch & Sons,” was in reality the contract of George B. Lynch individually.
As to this point, the trial court evidently regarded substance rather than shadow; and the evidence tends fairly to sustain the averment of the complaint.
*453(2) That the evidence wholly fails to show that the stone was sold for, and used in, the construction of the Johns and Pendry roads.
1. In that statement appellant is in error. The contract between…
2Cases cited4 opinions
- Warrick v. SpryIndiana Court of Appeals · 1912
- Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
- Pursley v. WickleIndiana Court of Appeals · 1892
- Johnson v. ForemanIndiana Court of Appeals · 1900
3Cited by12 opinions
- Rooker v. Fidelity Trust Co., TrusteeIndiana Supreme Court · 1931
- General Asbestos & Supply Co. v. Aetna Casualty & Surety Co.Indiana Court of Appeals · 1935
- Million v. Metropolitan Casualty InsuranceIndiana Court of Appeals · 1930
- Concrete Steel Co. v. Metropolitan Casualty InsuranceIndiana Court of Appeals · 1930
- American States Insurance v. Floyd I. Staub, Inc.Indiana Court of Appeals · 1977
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