Wulschner-Stewart Music Co. v. Helft
Wulschner-Stewart Music Co. v. Helft
Opinion of the Court
“Walter Helft,
v.
Wulschner-Stewart Music Go.
Vose piano sold to Peter Denkleman, July 11, 1905, Terre Haute, $5.”
The item set out is one of fifty-six. There is nothing in the complaint or bill of particulars showing that the commission specified was earned or the wages and the expense money advanced by plaintiff. The bill of particulars, reference to which may be made to cure the defect in the body of the pleading, is ineffective for that purpose. The general allegation of indebtedness is insufficient to inform defendant of the nature of the claim against it. Peden v. Mail (1889), 118 Ind. 556; Gise v. Cook (1899), 152 Ind. 75; Briekey v. Irwin (1890), 122 Ind. 51.
The judgment is reversed and cause remanded, with instructions to sustain appellant’s demurrer to the complaint.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.