47 Ind. App. 423 | Ind. Ct. App. | 1911
— This action was brought in the lower court by appellee against appellant, to recover the amount of a subscription for the improvement of a public road in Vanderburgh county, Indiana, known as Slaughter avenue, for which improvement appellant and a large number of other persons agreed to donate certain amounts set opposite their respective names upon a certain subscription list. All the subscribers paid the amounts donated, except appellant, who, it appears, subscribed $300, and upon her refusal to pay, this action was brought.
The agreement sued upon, which was made a part of the complaint and marked exhibit A, is, exclusive of names and amounts, as follows:
“It being the desire of the property owners abutting on and near Slaughter avenue, and others interested in the improvement of Slaughter avenue, to improve, with broken rock, said road, beginning at the city limits and*426 to extend at least one mile out, we, the undersigned, agree to pay James Genter, collector and treasurer, such funds as may be subscribed, to be in turn paid by said Genter to the trustee of Knight township, the amounts set opposite our names, one-half of the amounts subscribed to be paid in thirty days and one-half within sixty days from the date the whole amount is subscribed. All moneys paid to said Genter and to the trustee of Knight township to be used only for the improvement of the stretch of road above mentioned. The county commissioners agree to receive the road when completed and keep it in repair.”
Plaintiff alleged in his complaint, “that by the terms of this agreement defendant agreed to pay to the trustee of Knight township, for the use and benefit of whoever would construct and improve a certain part of Slaughter avenue with broken rock, the sum of $300 ’ ’; that there were a number of abutting property owners who subscribed amounts set opposite their respective signatures for such purpose, and that these subscribers appointed Louis Weinsheimer, the trustee of Knight township, Vanderburgh county, Indiana, as their agent, to contract for the construction of a rock road in accordance with said agreement and petition. A copy of this contract is made a part of the complaint and is marked exhibit B.
Upon the overruling of appellant’s demurrer to the complaint, for want of sufficient facts, she filed her answer in five paragraphs: The first, a general denial; the second, third and fourth alleging that certain conditions, upon which she signed the subscription list, were unperformed, and the fifth, denying the execution of the subscription list sued on. There was a verdict and judgment for appellee in the sum of $328.15.
This leaves for consideration the overruling of appellant’s demurrer to the complaint, and two of the reasons assigned for a new tidal, (1) the verdict is not sustained by sufficient evidence, and (2) the verdict is contrary to the law and the evidence.
Appellant claims that the appointment of Weinsheimer was not sufficiently shown by the writing marked exhibit
No error appearing in the record, the judgment is affirmed.