167 Ind. 98 | Ind. | 1906
Appellee brought this action to recover damages for breach of an alleged written contract for the purchase of a gasoline engine from the appellant. Appellant’s demurrer for want of. facts to the complaint was overruled. A jury trial resulted in a verdict and judgment in favor of appellee.
It was alleged in the complaint that appellant, by its authorized general agent, C. S. Cooper, agreed to sell and deliver to appellee one fourteen-horse-power gasoline engine at Huntington or Warren, in consideration of which appellee agreed to execute and deliver to appellant his promis
Disregarding the allegations of the complaint which vary from the provisions of the instrument sued upon, it is evident that the court erred in overruling appellant’s demurrer thereto.
Judgment reversed, with an instruction*!!) sustain the demurrer to the complaint.