Hunt v. Town of Markle

Indiana Court of Appeals

Hunt v. Town of Markle

40 N.E. 151, 12 Ind. App. 335, 1895 Ind. App. LEXIS 99

CourtIndiana Court of Appeals

DecidedApril 9, 1895

DocketNo. 1,450

StatusPublished

Cited by1 cases

This text of 40 N.E. 151 (Hunt v. Town of Markle) 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

Hunt v. Town of Markle, 40 N.E. 151, 12 Ind. App. 335, 1895 Ind. App. LEXIS 99 (Ind. Ct. App. 1895).

Pincite

Opinion

Ross, C. J. —

This action was commenced in October, 1891, by the appellants against the appellee to recover the value of a road scraper.

The facts found by the jury show that the purchase-price of the scraper was $225, of which sum $75 was to be paid July 1, 1891; $75 July 1, 1892, and $75 July 1, 1893. The total damages assessed by the jury in their verdict in favor of the appellants was $259.77, the purchase-price of the scraper with interest. The court rendered judgment on the verdict in favor of the appellants. Afterwards, on motion of the appellee, the court modified the judgment, reducing it to $87.

[336]*336Filed April 9, 1895.

The only question urged by appellants relates to the ruling of the court on the motion to modify the judgment.

We think the court below did not err in sustaining this motion.

Under the terms of the contract sued on, the first payment only was due at the commencement of this action. That amount only was recoverable under the issues as formed.

Judgment affirmed.

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