54 Ind. App. 234 | Ind. | 1913
Action by appellant against appellees Elijah, Long, Long and Sigler. The complaint was in four paragraphs, three of which declared on a check executed by appellee Elijah to appellant, and the fourth of which set
The parties agreed as to the facts constituting all the evidence in the cause and that these agreed facts might be used on appeal by either party as the evidence in the cause. The ease is therefore before us entirely upon written evidence. "We shall discuss the case with reference to these facts, and what we shall say concerning the state of facts will fully dispose of all questions concerning the pleadings, since in this case, the determination of the one necessarily disposes of the others.
The agreed statement of facts, abbreviated in some of its nonessentials, follows: in a certain partition suit in the Newton Circuit Court the court found that partition of the lands involved could not be made without injury, and ordered the land sold at private sale for not less than its appraised value, after giving three weeks’ notice by publication and posting. Condra Stacker was appointed commissioner to sell said lands, gave bond and entered upon the discharge of his duties as such, and gave the required notice of the sale, which was to take place at his place of business at the town of Mt. Ayr on November 13, 1909, when he would offer said real estate to the highest and best bidder for cash. On that day defendant Elijah attended said sale and bid the sum of $4,100, which was. the appraised value of said land; plaintiff, on behalf of himself and defendants Long and Long, bid on said land, also, making a higher bid than defendant Elijah, and so plaintiff and Elijah bid back and forth, placing certain bids on said real estate until they bid
It was said in the case of Camp v. Bruce (1898), 96 Va.
It follows that we must hold that the agreement between Shaw and Elijah was one which can not be enforced at law. The trial court committed no error. Judgment affirmed.
Note.—Reported in 102 N. E. 885. See, also, under (1) 8 Cyc. 470; (3) 24 Cyc. 28. As to agreements to stifle competition at public sale, see 2 Am. Dec. 138; 131 Am. St. 486. As to suppression of competition at judicial sale, see 42 L. R. A. (N. S.) 1198.