Legal Opinion · Dissent

Jones v. Heinzle

Indiana Court of Appeals

Decided April 28, 1921No. 10,737Published

From Warrick Circuit Court; Marshall R. Tweedy, Judge. Action by Lawrence Jones and others against John F. Heinzle and others. From a judgment for defendants, the plaintiff appeals.

1Dissent

DISSENTING OPINION.

Batman, J.

I fully concur in the opinion adopted by a majority of the court, with reference to the item of $3,969.92 mentioned in the complaint, but cannot agree with the opinion as to the remaining item of $452.28, alleged to have been assessed as income and excess profit taxes for the years 1914, 1915 and 1916. It appears from the averments of the complaint that appellees sold their stock in the Big Four Coal Company to appellants, and that the contract in suit was executed in connection therewith. In the absence of such contract the vendors would not have been liable for…

2Cases cited46 opinions

  1. Meriwether v. GarrettSupreme Court of the United States · 1880
  2. Lane County v. OregonSupreme Court of the United States · 1869
  3. Quill v. City of IndianapolisIndiana Supreme Court · 1890
  4. Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
  5. Perry v. WashburnCalifornia Supreme Court · 1862

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