Kisler v. Tinder

29 Ind. 270

Opinion

Frazer, J.

Suit for work and labor. The third paragraph of the answer averred that the work and labor was done in part performance of a certain special contract contained in a lease, which was, however, broken by the plaintiff in several specified particulars, to the defendant’s damage, and he claimed to recover such damages as a counterclaim. The error complained of is that the court below overruled a demurrer to this paragraph of the answer. The appellant’s counsel suggests no satisfactory reason for holding the paragraph bad, and none occurs to us. "We think it was a good counter-claim.

J. S. Miller and C. C. Nave, for appellant. L. M. Campbell, for appellee.

The judgment is affirmed, with ten per cent, damages, and costs.