Gwinnup v. Shies
Indiana Supreme Court
From Superior Court of Ma'dison County; IT. C. Byan, Judge. Action by Amos C. Gwinnup against John Shies. From a judgment for defendant, plaintiff appeals. Transforred from Appellate Court, under §1337u Burns 190Í.
1Opinion of the CourtHadley, J.
— Appellant furnished the material and constructed a cement yard wait and steps for appellee, and, brings this suit to recover therefor. In his first paragraph of complaint he counts on a special contract, and demands the stipulated price. In the second paragraph he sues for the quantum meruit. Answer the general denial. Trial by the court, and finding and judgment for the defendant.
But one question is reserved for our decision and that is, is the finding of the court under the issues contrary to law?
The defense relied upon was the failure of appellant to execute the work in a workmanlike…
2Cases cited3 opinions
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- Cheney v. UnroeIndiana Supreme Court · 1906
- Moss v. Best Knitting MillsSupreme Court of North Carolina · 1925
- Dykes v. StateCourt of Criminal Appeals of Oklahoma · 1915
- Mug v. OstendorfIndiana Court of Appeals · 1911
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