Legal Opinion

Over v. Byram Foundry Co.

Indiana Court of Appeals

Decided March 13, 1906No. 5,592PublishedCited by 9 opinions

From Superior Court of Marion County (63,389); Vinson Garter, Judge. Action by the Byram Foundry Company against 'Ewald Over. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtEobt, C. J.

Action for goods sold and delivered by appellee to appellant, at his special request. A bill of particulars was filed with the complaint. Appellant answered by denial and plea of payment. Appellant filed a counterclaim in four paragraphs, all of which were founded upon an alleged breach of a written contract filed therewith. Demurrers to the counterclaim were overruled, and appellee answered in general denial, and specially in a second paragraph setting up the invalidity of the contract counted upon as being in restraint of trade. A demurrer to this paragraph of answer was overruled and a…

2Cases cited9 opinions

  1. Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
  2. Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
  3. Fowle v. ParkSupreme Court of the United States · 1889
  4. Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
  5. Herriman v. MenziesCalifornia Supreme Court · 1896

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3Cited by9 opinions

  1. State v. Duluth Board of TradeSupreme Court of Minnesota · 1909
  2. Commissioner of Internal Revenue v. OldsCourt of Appeals for the Sixth Circuit · 1932
  3. Burley Tobacco Society v. GillaspyIndiana Court of Appeals · 1912
  4. Quinlivan v. Brown Oil Co.Montana Supreme Court · 1934
  5. Cole v. Loma Plastics Inc.District Court, N.D. Texas · 1953

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