56 Ind. App. 1 | Ind. Ct. App. | 1914
Appellants brought this action against appellees William V. and Dora E. Rooker, on a contract, to recover a balance claimed to be due them on account of an electric wiring and bell system alleged to have been installed by them in a residence erected by appellees on the farm of appellee Dora E. Rooker.
The amended complaint was in three paragraphs, the first upon quantum meruit as for work and labor done and materials furnished at appellees’ special instance and request; the second upon a written contract for the labor and materials, and the third upon a parol contract on the same account. Appellees’ separate-demurrers to each paragraph of the complaint were overruled. Appellees then answered separately and severally in three paragraphs, the first a general denial; second, a plea of payment; and third, a counterclaim setting up a contract in writing between appellee William V. Rooker and appellants, who were partners doing business under the firm name of Hatfield Electric Company, whereby the latter agreed to furnish all materials and perform all labor necessary to construct and complete in all details ready
The issues joined were tried by the court, a special finding of facts made, and conclusions of law stated thereon against appellants on their -complaint as to both appellees; that appellee Dora E. Rooker was entitled to recover her costs from appellants. The third conclusion of law reads as follows: “That upon the issues joined upon the counterclaim, being the so called third paragraph of answer, the defendant, William Y. Rooker, is entitled to have and recover of the plaintiffs the full penalty of their said bond, to-wit: Three Hundred Fifty-four ($354.00) Dollars, together with his costs.” Judgment was rendered in accordance with the conclusions of law.
The errors assigned for a reversal are: (1) The overruling of appellants’ demurrer to the counterclaim. (2) Error of the court in its third conclusion of law. (3) The overruling of appellant’s motion for a new trial.
Note. — Reported 104 N. E. 798. See, also, under (1) 31 Cyc. 358; (2) 31 Cyc. 226; (3) 38 Cyc. 1969; (4) 38 Cyc. 1992; (5) 38 Cyc. 1987; (6) 2 Cyc. 1003. As to demands that are proper matter-of set-off and counterclaim, see 12 Am. Dec. 152.