Legal Opinion

Tishbein v. Paine

Indiana Court of Appeals

Decided February 14, 1913No. 7,847PublishedCited by 5 opinions

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

  1. Board of Commissioners v. ShipleyIndiana Supreme Court · 1881
  2. Cargar v. FeeIndiana Supreme Court · 1894
  3. Lane v. State ex rel. Harmon'sIndiana Supreme Court · 1866
  4. Owen School Township v. HayIndiana Supreme Court · 1886
  5. Baddeley v. PattersonIndiana Supreme Court · 1881

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cannaday v. MartinCourt of Appeals of Texas · 1936
  2. Naeve v. SheaNebraska Supreme Court · 1935
  3. Shutt & Co. v. AndrewsCourt of Appeals of Georgia · 1933
  4. Cook, Borden & Co. v. R. Z. L. Realty Corp.Supreme Court of Rhode Island · 1929
  5. Eikenberry v. ThornIndiana Court of Appeals · 1916

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