Gary-Hobart Savings and Loan Association v. Strong
Decision Date | 24 November 1934 |
Docket Number | 14,723 |
Citation | 192 N.E. 772,99 Ind.App. 422 |
Parties | GARY-HOBART SAVINGS AND LOAN ASSOCIATION v. STRONG |
Court | Indiana Appellate Court |
192 N.E. 772
99 Ind.App. 422
GARY-HOBART SAVINGS AND LOAN ASSOCIATION v. STRONG
No. 14,723
Court of Appeals of Indiana
November 24, 1934
99 Ind.App. 422. At 427.
Original Opinion of May 18, 1934, Reported at: 99 Ind.App. 422.
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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