Board of Commissioners v. Rouse

Indiana Supreme Court

Board of Commissioners v. Rouse

22 N.E. 1136, 121 Ind. 263, 1889 Ind. LEXIS 52

CourtIndiana Supreme Court

DecidedDecember 13, 1889

DocketNo. 13,965

StatusPublished

This text of 22 N.E. 1136 (Board of Commissioners v. Rouse) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Commissioners v. Rouse, 22 N.E. 1136, 121 Ind. 263, 1889 Ind. LEXIS 52 (Ind. 1889).

Pincite

Opinion

Elliott, J.

— There is much evidence tending to prove that the board of commissioners contracted with the appellee to sink a well and put in a steam pump; that he did the work under the contract; that he duly presented his claim and that payment was refused. It is satisfactorily shown that the appellee, acting upon the belief that the board did contract with him, put in a pump; that when his account was disputed he offered to take out the pump and allow the price charged for it; that the board refused to permit this to be done and still retains the pump. The case is clearly with the appellee and there is no merit in the appeal.

Judgment affirmed, with ten per cent, damages and costs.

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Elliott, J.

— There is much evidence tending to prove that the board of commissioners contracted with the appellee to sink a well and put in a steam pump; that he did the work under the contract; that he duly presented his claim and that payment was refused. It is satisfactorily shown that the appellee, acting upon the belief that the board did contract with him, put in a pump; that when his account was disputed he offered to take out the pump and allow the price charged for it; that the board refused to permit this to be done and still retains the pump. The case is clearly with the appellee and there is no merit in the appeal.

Judgment affirmed, with ten per cent, damages and costs.

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Bluebook (online)

22 N.E. 1136, 121 Ind. 263, 1889 Ind. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-commissioners-v-rouse-ind-1889.