44 Ind. App. 526 | Ind. Ct. App. | 1909
Appellant brought this action ¿n the Morgan Circuit Court against the appellee to recover the price of a certain Chickering piano sold to him by appellant. Upon change of venue the cause was tried in the Johnson Circuit Court.
The fifth paragraph contains substantially the same representations, alleging that they were made as warranties by plaintiff, that the defendant relied upon said warranties, that it was agreed that if said piano was not as represented there would be no sale, and that the piano should remain with the defendant as the property of the plaintiff and subject to its disposal.
The sixth paragraph is substantially the same as the fourth, except that it does not give any definite time as to when defendant learned that the piano was not as represented and was not in tune, and alleges that after learning said facts he notified plaintiff that he would not receive said piano, but would hold the same subject to its order.
The court overruled plaintiff’s demurrer to the fourth, fifth and sixth paragraphs for want of facts, and the cause was put at issue by reply in general denial. A trial resulted in a verdict and judgment in favor of defendant. The rul
Other alleged errors need not be considered.
Judgment reversed, with instructions to sustain the demurrers to the fourth and sixth paragraphs of answer, and for further proceedings not inconsistent with this opinion.