Chicago & Southeastern Railway Co. v. Yawger

Overruling a demurrer to the complaint is not available error, if there is a special finding of the facts, and there is a correct státement of the law upon the facts found. Louisville, etc., R. Co. v. Downey, 18 Ind. App. 140; Woodward v. Mitchell, 140 Ind. 406.

The facts show that on April 15, 1894, appellee contracted in writing with appellant to do the clearing, grub*461bing, grading, and timber work on tbe extension which appellant was then building between Anderson and Muncie, and to have the same completed on or before June 15 th, for a stipulated consideration; that appellee entered upon…