174 Ind. 186 | Ind. | 1910
Appellant filed his claim against the estate of Louis Schneck, deceased, to recover for services ren
No answer was filed by the administrator. The claim was tried before the court, disallowed upon a special finding of facts, and claimant appeals.
It is alleged that the court erred in its conclusions of law upon the facts found in overruling claimant’s motion for judgment in his favor on the special findings, and in overruling his motion for a new trial. The special findings are, in part, as follows: “In 1902, the Jeffersonville, New Albany and Sellersburg Rapid Transit Company, a corporation, contemplated building a traction line from New Albany to Jeffersonville in connection with a traction line from New Albany to Sellersburg, and buying the street railway system in the city of Jeffersonville. Decedent, Louis Sehneck, was then the president of said corporation. In that year the claimant, Frederick A. Seholz, and Louis Sehneck entered into a contract under which said Seholz agreed to assist said Sehneck in buying the street railway system in the city of Jeffersonville, in building a traction line connecting the city of Jeffersonville with the city of New Albany, in connection with the contemplated construction of a traction line from New Albany to Sellersburg. He further agreed personally to examine and report on the street railway property in the city of Jeffersonville, to examine and report on the proposed route of said road from Jeffersonville to New Albany in the
Upon these findings the court’s conclusions of law were (1) that the law was with defendant, and (2) that said Scholz is not entitled to recover on the contract herein sued on. Appellee’s motion for judgment on the special finding and conclusions of law was sustained, and this ruling claims our first attention.
The finding clearly makes out a special, entire contract to render services that were only partially performed, and upon which contract there can be no recovery. The court did not err in sustaining appellee’s motion for judgment on the special finding and conclusions of law thereon.
Judgment affirmed.