Fitzmaurice v. Puterbaugh

Appellee sued to recover damages resulting from the explosion of a steam boiler sold to him and his brother by appellant, the inherent defects in the boiler haying been the cause of the explosion.

The first paragraph of the complaint proceeds upon the theory of a warranty, while the second counts upon fraudulent representations. Appellant filed a motion to separate, and a demurrer for misjoinder of causes of action. Both were overruled. The statute, section 344, Burns’ R. S. 1894 (341, Horner’s R. S. 1896), expressly forbids a reversal for any error committed in sustaining or overruling a…