69 Ind. App. 605 | Ind. Ct. App. | 1919
This is an action brought by appellee against appellants to recover for a quantity of corn alleged to have been sold and delivered by the former to the latter. The complaint is in two paragraphs, the first being on a quantum meruit, and the .second on a special contract of sale. Appellants filed an answer in two paragraphs, the first being a general denial, and the second being affirmative, in which facts are alleged on which a compromise and settlement is based. Appellants also filed a cross-complaint against appellee, in which they alleged that the latter was indebted to them in the sum of $150.73 for money loaned, etc. Issues were duly joined on said affirmative paragraph of answer and said cross-complaint-by general denials. The cause was submitted to the jury for trial, resulting in a verdict in favor of appellee, on which judgment was duly rendered. Appellants filed a motion for a new trial, which was overruled, and this ■ action of the court is the sole error assigned on appeal.
Error is also predicated on the action of the court in refusing to give instruction No. 3 requested by appellants. Based on the reasons given in considering instructions Nos. 5 and 8 given by the court, we hold that there was no error in refusing to give said instruction.
We find no error in the record. Judgment affirmed;