Hagee v. Grossman
Indiana Supreme Court
APPEAL from the Miami Circuit Court. Suit by the appellants against the appellee. The complaint alleges, that the plaintiffs were engaged in the business of baking bread for sale to the public, which was well known to the defendant; that the defendant, fraudulently and craftily, intending to cheat and defraud the plaintiffs, brought to their bakery twelve hundred pounds of flour, in sacks, which he falsely and fraudulently represented to the plaintiffs to be good, sound,…
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APPEAL from the Miami Circuit Court. Suit by the appellants against the appellee. The complaint alleges, that the plaintiffs were engaged in the business of baking bread for sale to the public, which was well known to the defendant; that the defendant, fraudulently and craftily, intending to cheat and defraud the plaintiffs, brought to their bakery twelve hundred pounds of flour, in sacks, which he falsely and fraudulently represented to the plaintiffs to be good, sound, merchantable flour, when, in fact, said flour was musty, worthless, and wholly unfit to be used in said business, which the…
1Opinion of the CourtRay, J.
The appellants urge a reversal of this case upon the evidence. The only question before the jury was whether the appellants relied upon false representations of *225the quality of the flour or purchased it upon their own judgment. The flour was left with them for examination for ten or twelve days, and they used one sack from among the lot; and although .there is evidence that the flour from the sack used made good bread, and that from the other sacks did not, when used at a subsequent time, make bread fit for sale, still the jury might fairly find from the evidence in the case, that the flour…
2Cited by9 opinions
- Piggly-Wiggly Stores, Inc. v. LowensteinIndiana Supreme Court · 1925
- Hunt v. BlantonIndiana Supreme Court · 1882
- Hess v. YoungIndiana Supreme Court · 1877
- Bowman v. CarithersIndiana Supreme Court · 1872
- Craig v. HamiltonIndiana Supreme Court · 1889
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