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Schaefer v. Fiedler

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eBook details

  • Title: Schaefer v. Fiedler
  • Author : In Banc No. 17334 Appellate Court of Indiana
  • Release Date : January 05, 1945
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

FLANAGAN, Judge. This action was brought by appellant against appellee by a complaint in two paragraphs, the first upon open account and the second for money had and received. To this complaint appellee filed a general answer of admittance and denial and a set-off in two paragraphs alleging breach of contract. The trial was to the court which found generally for the appellant on his first paragraph of complaint in the sum of $239.50 and for the appellee on his first paragraph of set-off in the sum of $846.50. Appellant's motion for a new trial was overruled and judgment rendered for appellee in the sum of $607, the difference between the two findings. The sole error assigned upon appeal is the overruling of appellant's motion for a new trial which challenges the sufficiency of the evidence to support the finding on the set-off and the amount thereof.


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