186 Ind. 430 | Ind. | 1917
The complaint in this case is based upon a common count for merchandise sold and delivered by appellee to appellant at his special instance and request. Appellee recovered judgment below and appellant appeals, assigning as the only error relied on the action of the trial court in overruling his motion for a new trial. Appellant asserts that the evidence is insufficient to sustain the verdict basing his right to a reversal solely upon this cause assigned in his motion for a new trial.
The evidence shows that the merchandise sold consisted of 1,000 enameled gold lodge buttons, emblematical of a fraternal order known as Larks. They were sold by appellee for the agreed price of $240, but appellant asserts that the undisputed evidence shows that the purchase was made by, and that the credit was extended to, The Supreme Temple of the Order of Larks, and that there is a total want of evidence to show that any sale was made to him as an individual.
The negotiations which resulted in the sale were conducted wholly by correspondence consisting of four letters and a telegram. The first letter was signed, “Morton S. Hawkins, Supreme Commissioner, The Order of Larks,” and informed appellee that the order of Larks wished to secure suitable buttons for the use of its members, gave a description: of the kind of buttons desired and requested that the price be given by wire. This letter was answered by a telegram quoting prices, which was followed by a letter confirming the prices quoted in the telegram and containing a description of
There is no evidence in the record to sustain a verdict against appellee. The judgment is therefore reversed, with instructions to sustain appellant’s motion for new trial.