Tishbein v. Paine
Indiana Court of Appeals
From Lake Circuit Court; Willis C. McMahan, Judge. Action by Henry A. Paine against John Tishbein. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtLairy, J.
Appellee filed an amended complaint in the trial court, by which, he sought to recover from appellant a balance claimed to be due him on a contract, by the terms of which he ivas to furnish material and erect a building for appellant for the agreed price of $4,000. The amended complaint was in two paragraphs, to each of which a demurrer for want of sufficient facts was addressed and overruled. This ruling is assigned as error, and presents the first question for our consideration.
1. Both paragraphs seek to recover a balance of $225 due on the contract, and also an amount claimed to be due for…
2Cases cited9 opinions
- Board of Commissioners v. ShipleyIndiana Supreme Court · 1881
- Cargar v. FeeIndiana Supreme Court · 1894
- Lane v. State ex rel. Harmon'sIndiana Supreme Court · 1866
- Owen School Township v. HayIndiana Supreme Court · 1886
- Baddeley v. PattersonIndiana Supreme Court · 1881
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3Cited by5 opinions
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- Cook, Borden & Co. v. R. Z. L. Realty Corp.Supreme Court of Rhode Island · 1929
- Eikenberry v. ThornIndiana Court of Appeals · 1916