Ellinger v. Comstock

Indiana Court of Appeals

Ellinger v. Comstock

41 N.E. 351, 13 Ind. App. 696, 1895 Ind. App. LEXIS 306

CourtIndiana Court of Appeals

DecidedSeptember 18, 1895

DocketNo. 1,587

StatusPublished

Cited by1 cases

This text of 41 N.E. 351 (Ellinger v. Comstock) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellinger v. Comstock, 41 N.E. 351, 13 Ind. App. 696, 1895 Ind. App. LEXIS 306 (Ind. Ct. App. 1895).

Pincite

Opinion

Reinhard, C. J.

The appellant is a manufacturer of cloaks and the appellees are retail dealers in that article. This action is by the appellant against the appellees for a balance alleged to be due appellant for merchandise sold and delivered to them. The cause was tried by the court without a jury. The only question presented relates to the sufficiency of the evidence to sustain the finding. One of the defenses relied upon was that the cloaks which the appellees ordered of the appellant, and for which the latter demands pay, were to be made and delivered to them within ten days, which was not done, and the appellees refused to accept the cloaks afterwards. There was evidence tending to prove such defense. It was a case where time was of the essence of the contract.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Reinhard, C. J.

The appellant is a manufacturer of cloaks and the appellees are retail dealers in that article. This action is by the appellant against the appellees for a balance alleged to be due appellant for merchandise sold and delivered to them. The cause was tried by the court without a jury. The only question presented relates to the sufficiency of the evidence to sustain the finding. One of the defenses relied upon was that the cloaks which the appellees ordered of the appellant, and for which the latter demands pay, were to be made and delivered to them within ten days, which was not done, and the appellees refused to accept the cloaks afterwards. There was evidence tending to prove such defense. It was a case where time was of the essence of the contract.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

41 N.E. 351, 13 Ind. App. 696, 1895 Ind. App. LEXIS 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellinger-v-comstock-indctapp-1895.

Opinion

Related

Cite This Page — Counsel Stack