Cottrell v. Nixon
Decision Date | 03 February 1887 |
Docket Number | 12,877 |
Parties | Cottrell et al. v. Nixon |
Court | Indiana Supreme Court |
From the Henry Circuit Court.
The judgment is reversed, with costs.
D. W Kinsey, D. W. Chambers and J. S. Hedges, for appellants.
J Brown, W. A. Brown and W. O. Barnard, for appellee.
This case was tried upon a complaint consisting of two paragraphs. The first is a common count to recover the balance due for a printing press, with certain fixtures and attachments alleged to have been sold and delivered by the plaintiffs to the defendant, at his especial instance and request.
The second alleges, that in consideration that the plaintiffs, at the request of the defendant, agreed to sell and deliver the property therein mentioned to E. Pleas & Co., within thirty days from the 10th day of October, 1882, the defendant agreed to be responsible, and pay the price agreed upon for such property.
Afterwards, it is alleged, the time for delivering the property was extended with the knowledge and consent of the defendant, and on the faith of such promise and guaranty, which, together with the contract of sale, is alleged to have been in writing,--copies of the writings being set out,--it is alleged the goods were delivered to E. Pleas & Co., due notice to the defendant of the delivery having been given.
Upon issues made by a denial, the case was tried by the court. At the request of the plaintiffs, the court made a special finding of the facts, and stated conclusions of law thereon.
As the only question for decision arises on the special finding, we set it out in full, as follows:
C. B. Cottrell & Sons.
R. M. Nixon.
The plaintiffs excepted to the conclusions of law. They also moved the court to make its findings more certain, and for a venire de novo, on the ground that the special finding of facts was too vague and indefinite. These motions were overruled, and judgment was given against the plaintiffs.
The issues tendered by the first paragraph of the complaint required the court to find as a fact whether or not there had been a sale and delivery of the property described to the defendant, and what amount was to be paid, and whether or not anything remained due. The issues tendered by the second paragraph required a finding whether or not the property described had been sold and delivered to E. Pleas & Co., and whether or not, in consideration of such sale and delivery the defendant had agreed in writing to become responsible for the payment of the purchase-price. Other issuable facts were presented which...
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