| Ind. | Nov 15, 1879
Suit by appellant as guardian of Leota L. Lemon, a minor, to recover for the services of the minor rendered to the appellee. The complaint is in the form of a common count, with a hill of particulars.
The sufficiency of the third and fourth paragraphs of answer, to which separate demurrers for the want of facts were overruled, and upon which ruling judgment was rendered for the appellee, is the only question in the case.
The third paragraph of answer admits that the plaintiff is guardian, that Leota is a minor, and that the services, were rendered forthe defendant, as averred in the complaint, hut alleges that Leota is the daughter of Charles Lemon, who is dead; that Margaret Boulton, with whom the plaintiff intermarried after the death of Charles Lemon, is the mother of Leota; that, after the death of .Charles
Other facts are averred in the answer which do not seem to us to be of any importance to the case.
The fourth paragraph of the answer is the same in principle as the third; for that reason it is not set out.
The contest, as it appears from the briefs of the parties, seems to be as to who is entitled to the -wages of the minor, — whether the mother, as her natural guardian, after the death of her father, or the plaintiff, as the legal guardian appointed by law ; but it does not seem to us that this is the turning point of the case. Let it be assumed that the appellant was entitled to the wages of the minor; we think the facts averred in the answer constitute a defence to his complaint. If the appellant knew, as the answer avers, that the minor and her mother had agreed with the appellee, as to the services, the amount, and the payment to the minor, and allowed the agreement to be executed, and the amount paid to the minor, without ob
■ The judgment is affirmed, at the costs of the appellant.