5 Blackf. 146 | Ind. | 1839
The St. Joseph Iron Company brought an
The defendant’s first objection to this judgment is, that the declaration does not contain an averment that the plaintiffs are incorporated. It has been heretofore decided by this Court, that such an averment is not necessary. Harris v. The Muskingum Manufacturing Company, 4 Blackf. 267.
'It is also objected, that though the Circuit Court overruled a demurrer to one of the pleas, no judgment for the costs of the issue in law was rendered for the defendant. It does not appear, however, that such a judgment was askqd for, and its not being rendered, therefore, cannot be assigned for error.
Another objection is, that a certain .'written agreement offered in evidence by the plaintiffs, was improperly admitted. The facts are as follows: The plaintiffs proved by their clerk,' that the defendant had admitted to him that he had been furnished with the various items of merchandize, cash, &c., contained in a bill 6f particulars exhibited in the cause by the plaintiffs; but that in making this admission, the defendant said that a charge of 50 dollars and some others in the bill, should have been credited on a certain written contract made by him and one White with the plaintiffs for building a lock, &c. The plaintiffs then, to explain this objection of the defendant to some of the items of the account, offered in evidence the contract referred tó by the defendant in his conversation with the witness. The evidence was objected to, but was admitted. We see -no objection to the written contract as evidence. The defendant had made it, by reference, a part of the qualification of his admission, proved by the plaintiffs’ witness.
A further objection is, that the defendant was not permitted to prove, under his special pleas, that he had done certain work for the plaintiffs. This evidence was objected to by the plaintiffs, on the ground that the work had been done under a written contract between the plaintiffs of the one part, and the defendant and one White of the other part;
The defendant makes one more objection, and that is, that the plaintiffs’ witness, and the only one they introduced, did not prove that the amount due them was as much as the sum found in their favour by the jury. One answer to this objection is, that the record does not profess to set out all the evidence. The defendant’s witnesses may have supplied the deficiency of proof mentioned by him; and we must presume,
The judgment is affirmed with costs.