Johnson v. Britton

23 Ind. 105

Opinions

Perkins, J.

We think the averments in the complaint in this case bring it within Kirk et ux. v. The Fort Wayne, etc. Company, 13 Ind. Pep. 56; Merritt v. Wells, 18 Ind. 171. The plaintiff avers that she paid the money to the defendants to pay off a certain mortgage, which they specially agreed to pay off for her, and gave the mortgage in question to secure the performance of the agreement. They have failed to perform and should refund, etc. The form of the contract is different from that of a simple indemnity.

Per Curiam.—The judgment is affirmed, with one. per cent, damages and costs.