Legal Opinion

Alburn v. Burge

Indiana Supreme Court

Decided October 11, 1917No. 23,303Published

From Benton Circuit Court; Burton B. Berry, Judge. Action by Frank Burge and Ross Ringel, partners doing' business as Burge and Ringel, against Guy Al-burn. From a judgment for plaintiffs, the defendant appeals. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)

1Opinion of the CourtMyers, J.

This was an action by appellees against appellant upon the common count. That part of the *560complaint pertinent'to the questions here presented, in substance, alleges that appellant is indebted to appellees in the sum of $536 for goods, wares and merchandise sold and delivered to him at his special instance and request. A bill of particulars is filed with and made a part of the complaint.

Appellant answered: (1) in general denial; (2) by plea of payment; (3) .by a paragraph treated by the court as an argumentative denial. A jury trial of the issues thus formed resulted in a verdict and judgment…

2Cases cited3 opinions

  1. Peden v. ScottIndiana Court of Appeals · 1905
  2. Jaqua v. ShewalterIndiana Court of Appeals · 1893
  3. Pennsylvania Elevator & Supply Co. v. FosnotteIndiana Court of Appeals · 1911

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