42 Ind. App. 198 | Ind. Ct. App. | 1908
Appellants, who are bridge contractors, brought this action against appellee to recover damages in tort and on contract, basing their claim upon false representations and breach of contract concerning certain bridge plans- furnished to them by appellee and on which they had relied in preparing a bid for the construction of a steel and concrete, Milan-arch bridge over the St. Joseph river in the city of Mishawaka, St. Joseph county, Indiana. Owing to the magnitude of the contract appellee advertised in the local weekly papers and in various engineering journals for bids, such advertisements providing that
Appellee filed a demurrer to the complaint, which was sustained by the court, and upon which ruling error is assigned.
The first paragraph of the complaint was drawn on the theory that by a misrepresentation as to the nature of the river bed appellee’s officers committed a fraud upon appellants.
Appellants contend that the case at bar is to be distinguished from those cited by the fact that by reason of said tortious acts on the part of its officers the county has obtained certain property which it will be enabled to hold without remunerating appellants if this relief is not granted.
The court below did not err in sustaining the demurrer to the complaint, and the judgment is therefore affirmed.
Roby, J., absent.