Legal Opinion

Illinois Surety Co. v. Frankfort Heating Co.

Indiana Supreme Court

Decided January 24, 1912No. 22,091PublishedCited by 11 opinions

Prom Clinton Circuit Court; Joseph Combs, Judge. Action by the Frankfort Heating Company against the Illinois Surety Company. Prom a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtMorris, C. J.

Appellee sued appellant on a surety bond executed by it to insure the performance of a contract entered into by one Schott and appellee, whereby Schott agreed to install the Schott Hydro-Vacuum Heating System in the heating plant of appellee, at Frankfort.

The court overruled a demurrer to the complaint, and sustained a demurrer to the second paragraph of appellant’s answer. The issue was formed by the first paragraph of answer, which was a general denial. The cause was tried by a jury, resulting in a verdict of $2,000 for plaintiff. Prom the judgment rendered on this verdict, appellant…

2Cases cited4 opinions

  1. McCormick Harvesting Machine Co. v. GrayIndiana Supreme Court · 1885
  2. Valparaiso Lighting Co. v. TylerIndiana Supreme Court · 1911
  3. Acme Cycle Co. v. ClarkeIndiana Supreme Court · 1901
  4. Bauer v. City of IndianapolisIndiana Supreme Court · 1884

3Cited by11 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BowenIndiana Supreme Court · 1913
  2. Sharples Separator Co. v. SkinnerCourt of Appeals for the Ninth Circuit · 1918
  3. Suit v. HershmanIndiana Court of Appeals · 1918
  4. Livingston v. Reid-Hart Parr Co.Supreme Court of South Carolina · 1921
  5. Advance Oil Co. v. HuntIndiana Court of Appeals · 1917

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