Legal Opinion

Bennett v. Root Furniture Co.

Indiana Supreme Court

Decided December 8, 1911No. 22,109PublishedCited by 14 opinions

Prom Shelby Circuit Court; W. M. Sparks, Judge. Action by William A. Bennett and another against the Root Furniture Company. From a judgment for defendant, plaintiffs appeal. Transferred from Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.

1Opinion of the CourtMonks, J.

This action was brought by appellants against appellee to recover for 25,768 feet of lumber, alleged to have *607been sold to appellee by appellants. The complaint is in the nsnal form of action upon account. Appellee filed an answer in two paragraphs: the first was a general denial, and the second stated that the sale of lumber was conditional, and that appellee had refused to accept the lumber, because the conditions of the sale had not been complied with by appellants, and it had given notice to appellants of such refusal. Appellee also filed a third paragraph, which was a counterclaim,…

2Cases cited5 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
  2. Rose v. StateIndiana Supreme Court · 1909
  3. Hall v. McDonaldIndiana Supreme Court · 1908
  4. Blue v. Capital National BankIndiana Supreme Court · 1896
  5. Marion Trust Co. v. BlishIndiana Supreme Court · 1908

3Cited by14 opinions

  1. Bass v. StateIndiana Supreme Court · 1918
  2. Fox v. BarekmanIndiana Supreme Court · 1912
  3. Carmody v. StateIndiana Supreme Court · 1912
  4. Globe & Rutgers Fire Insurance v. Indiana Reduction Co.Indiana Court of Appeals · 1916
  5. McMillan v. Plymouth Electric Light & Power Co.Indiana Court of Appeals · 1919

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