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16 Ind. 226

Mountjoy v. Mullikin

Indiana Supreme Court

Decided June 4, 1861

Indiana Supreme Court · decided 1861-06-04

<p>APPEAL from the Union Common Pleas.</p>

Cited by 2 later decisions — most recently December 1969

2 state decisions

Relies on Boyle v. Guysinger

Good law ✅— No negative treatment on recordhow we know

Decided 1861-06-04

View the full empirical analysis of this case →

Per Ouriam.

¶1Suit upon a note. Answer, that the note was given in consideration that the plaintiff, who carried on a machine shop, had repaired, and would further repair, a threshing machine, no time being fixed therefor; and that he had failed and refused to make such further repairs, though often requested.

¶2This answer does not show a breach of the plaintiff’s promise to repair the machine. The place of making the repairs would be the shop of the plaintiff. It would devolve upon the defendant to place the machine at the shop, and *227request the repairs, before the plaintiff would be bound to act. The promises were, as the case stood, independent. 12 Ind. 273.

J. F. Gardner, for the appellant.Uelson Tnisler, for the appellee.

¶3The judgment is affirmed, with 1 per cent, damages arid costs.

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