36 Ind. App. 628 | Ind. Ct. App. | 1905
This is an action by appellee against appellant to recover a commission for services rendered appellant in procuring a purchaser for certain real estate. Erom a judgment rendered in the White Circuit Court, in favor of appellee, appellant appeals to this court, and assigns various grounds for a reversal.
This action rests upon a written contract as follows: “I, John R. McAfee, of the county of Tippecanoe, in the State of Indiana, have this day contracted with and employed Frank Bending, of the same county and State aforesaid, as my agent, for me and in my name, to sell a certain tract of land situated in the state of Mississippi, in Yazoo county,
To appellee’s complaint, appellant filed an answer consisting of the general denial and two affirmative paragraphs. A demurrer was sustained to the third paragraph, which appellant insists should have been carried back and sustained to the complaint.
Judgment reversed, and the trial court directed to overrule the demurrer to the third paragraph of answer.