Gary-Hobart Savings and Loan Association v. Strong

Decision Date24 November 1934
Docket Number14,723
Citation192 N.E. 772,99 Ind.App. 422
PartiesGARY-HOBART SAVINGS AND LOAN ASSOCIATION v. STRONG
CourtIndiana Appellate Court

99 Ind.App. 422. At 427.

Original Opinion of May 18, 1934, Reported at: 99 Ind.App. 422.

OPINION

ON PETITION FOR REHEARING.

KIME, J.

The petition for rehearing is denied with the following memorandum:

Appellee complains that the court erred, in holding that the contract set out in the opinion was complete, for the reason that at the time of the signing of said contract the spaces where the figures $ 5,000.00, $ 250.00, and $ 25.00 appear were blank. Although it may not be clear in the opinion the law in this case was applied with the idea that such spaces were blank at the time of the execution of the contract but that the contract was a complete one at the time it was delivered to appellant. To support this we cite 2 C. J. §§ 119 and 120, page 1243; 13 C. J. § 133 page 308; Angle v. North-Western Life Ins. Co. (1876), 92 U.S. 330, 23 L.Ed. 556; Thomas v. Fursman (1918), 177 Cal. 550, 171 P. 301; Cassetta v. Baima (1930), 106 Cal.App. 196, 288 P. 830.

Curtis, J. not participating.

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