Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana - By Horace E. Carter (Volume 55) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877. Excerpt: ... Graham v. Castor. "Answer. Yes. "3d. Did not the defendant then take the plaintiff" to the residence of John W. Deeds, mentioned in the complaint, for the purpose of making a visit, at her own request, as well as at the request of said Deeds? "Answer. Yes. "4th. And did not the defendant, shortly after the plaintiff was so taken to the residence of said Deeds, offer to take her back to his residence, for the purpose of maintaining her according to the terms of his contract? "Answer. Yes. "5th. Has not the defendant always been ready, willing and able to maintain the plaintiff on the premises she conveyed to him, in pursuance of the terms of his contract? "Answer. Yes.," The defendant moved for judgment in his favor on the answers to interrogatories, notwithstanding the general verdict, but the motion was overruled, and he excepted. Final judgment was rendered in favor of the plaintiff, against the defendant, setting aside the conveyance of the land made by the plaintiff to the defendant, and that the defendant recover of the plaintiff one hundred dollars. We see no ground on which this judgment can be maintained, or, indeed, any other judgment in favor of the plaintiff, against the defendant. And we are of the opinion that the defendant was entitled to a general judgment in his favor, on the answers of the jury to interrogatories, notwithstanding the general verdict. The case may be viewed in two aspects; as seeking, first, to set aside the conveyance made by the plaintiff to the defendant; and second, the recovery of damages for the alleged breach by the defendant of his contract. There was no ground for a rescission of the contract. The jury found that it was honestly entered into by the parties, and this excludes the idea that any fraud whatGraham &#18...