184 Ind. 169 | Ind. | 1916
Appellee, Scully Steel and Iron Company, brought this action against appellant' Kintz and one Thatcher Parker, by complaint in three paragraphs, each based on an acceptance of an order to pay certain money to appellee. Trial by the court and finding and judgment for appellee in the sum of $130. The instrument of writing and the acceptance of .the same are as follows:
“Mr. N. C. Kintz, City. Dear Sir: I am arranging to purchase from the Scully Steel*171 and Iron Company material amounting to $393.10 for use in my contract with you. In consideration of which and as security therefor I hereby sell, transfer and assign to them the same amount, $393.10, from the money which will be due me by you on my contract with you amounting to $600 which is due me upon completion of the work. I also hereby instruct you to pay said amount out of the first money which is due me on this job direct to the Scully Steel and Iron Co. and charge the same to my account, I am, yoiirs truly, Thatcher A. Parker. Accepted, N. C. Kintz.”
We are of the opinion that each paragraph is sufficient as against any objections urged by appellant. Judgment affirmed.
Note. — Reported in 110 N. E. 986. As to acceptance of bill of exchange, see 1 Am. St. 134. As to partial assignment of a claim or demand founded on contract, see Ann. Cas. 1912 A 673. See, also, under (1) 5 C. J. 909, 924; 4 Cyc 45, 47; (2) 5 C. J. 927; 4 Cyc 56; (3) 5 C. J. 1007; 4 Cyc 104.