Rau v. Ball Bros. Glass Manufacturing Co.

This is an appeal from a judgment of the Grant Circuit Court rendered in an action by appellee against appellant to recover damages resulting from an alleged failure on the part of appellant to deliver to appellee certain personal property to be manufactured by appellant and delivered by a named date. There was a special verdict and the sufficiency of the complaint is questioned for the first time in this court. Even where a demurrer has been filed and overruled, a special verdict will cure a defective averment, but it will not cure a defect consisting of the. entire omission of a necessary…