71 Ind. App. 157 | Ind. Ct. App. | 1919
— Appellees Whitney' and Ford were the plaintiffs, and appellant was a defendant in each of two suits commenced in the Porter Circuit Court, and by agreement of the parties tried at the same time. One of the cases, known in the trial court as No. 2634, was instituted as an ordinary suit to foreclose a mechanic’s lien on property known as Mercy Hospital, and to recover on an open account for material furnished by Whitney and Ford for use in the construction of that work. In the other case, which serves as the basis of this appeal, and in the trial court was cause No. 2635, recovery was sought for material used by appellant in work on the Hobart Library, and for an additional open account.
Errors assigned are: (1) The action of the court in authorizing the amendment of the complaint; and (2) the overruling of the motion for a new trial. The only reason for a new trial presented is that the evidence is not sufficient to sustain the finding. .
The finding of the court is fully sustained by the evidence. Judgment affirmed.