Harder v. Indiana Bituminous Coal Company

• Decision Date: 03 June 1904
• Docket Number: 20,341
• Citation: 71 N.E. 138,163 Ind. 67
• Parties: Harder et al. v. Indiana Bituminous Coal Company
• Court: Indiana Supreme Court

71 N.E. 138

163 Ind. 67

Harder et al. v. Indiana Bituminous Coal Company

No. 20,341

Supreme Court of Indiana

June 3, 1904

From Sullivan Circuit Court; O. B. Harris, Judge.

Action by Indiana Bituminous Coal Company against Charles C. Harder and Henry Hafer. From a judgment for plaintiff, the defendants appeal.

Affirmed.

J. S Bays and L. F. Bays, for appellants.

J. T Hays and W. H. Hays, for appellee.

OPINION

Hadley, J.

Appellee sued appellants on an account for $ 1,206.97 for coal sold and delivered to appellants at their special instance and request. The complaint charges that for the coal so sold and delivered the defendants are indebted to the plaintiff in the sum of $ 1,206.97, and that for unreasonable and vexatious delay in the payment thereof interest on the amount is demanded from January 1, 1902. The general prayer is for $ 1,500. The bill of particulars filed with the complaint shows a sale and delivery of one car on December 12, eleven cars on December 21, eighteen cars on December 26, and twelve cars on December 30, 1901, making forty-two cars, and aggregating, at the prices charged, $ 1,206.97. There was no denial of the facts stated in the complaint. The only defense pleaded was an answer in one paragraph, purporting to be addressed to an imaginary sum in excess of the amount claimed by the plaintiff. The answer opened and closed as follows: "The defendants, Charles C. Harder and Henry Hafer, for answer to all of plaintiff's claim, as stated in its complaint, in excess of $ 1,264.30 allege. * * * Wherefore said defendants say that said plaintiff should not recover an amount in excess of $ 1,264.30, and that whatever amount said plaintiff claims in excess of said sum of $ 1,264.30 is wholly without consideration." Appellee's demurrer to the answer was sustained, and, appellants refusing to answer, judgment was rendered against them for $ 1,206 and interest thereon at six per cent. from January 10, 1902, amounting in all to $ 1,283 and costs.

The only assignment here questions the ruling of the court upon appellee's demurrer to the answer.

Appellants attempt to defend their answer in this court upon the single ground that appellee having bargained to furnish them the coal at one price, their promise to pay a higher price to induce performance is without consideration, and therefore not binding on them. There is, however, back of the proposition an objection urged by appellee...