176 Ind. 312 | Ind. | 1911
Appellant instituted an action in two paragraphs in the Montgomery Circuit Court, where a demurrer was sustained to the second paragraph, and overruled as to the first. A change of venue was taken to the Fountain Circuit Court, where a demurrer was sustained to the first paragraph. Error is here assigned upon the alleged error of the Montgomery Circuit Court, and upon the action of the Fountain Circuit Court in setting aside the ruling of the Montgomery Circuit Court, and sustaining the demurrer to the first paragraphs.
Neither paragraph, nor the substance thereof, is set out separately in the briefs, but there is one statement set out-embracing the substance of each, and not challenged by appellee.
The substance of the complaint is that in December, 1905, defendant for the purpose of deceiving, misleading and defrauding plaintiff, falsely represented to him that he was the owner in fee of certain described real estate, including a hotel property situate thereon, of the value of $60,000, together with furniture and fixtures in the hotel of the value of $15,000; that he was in possession of the property, lived
As the parties have taken no care to point out the difference, if any, between the two paragraphs, and. have treated them as being alike, we so treat them.
So far as the complaint can be said to sound in contract, it is clearly insufficient. If parties were permitted to prove
The judgment is affirmed.