160 N.E. 927

PIERSON AND BROTHER COMPANY v. DOWNEY.

No. 12,824.Court of Appeals of Indiana.
Filed November 1, 1927. Rehearing denied January 12, 1928. Transfer denied March 7, 1928.

From Vigo Superior Court; William T. Gleason, Judge.

Action between the Pierson and Brother Company and George Downey. From the judgment rendered, the former appeals Affirmed. By the court in banc.

Beasley, Aikman, O’Brien Beasley, Beasley, Douthitt, Crawford Beasley and Fenton, Steers, Beasley Klee, for appellant.

George W. Wells and John O. Piety, for appellee.

PER CURIAM.

Affirmed, and ten per cent. damages upon the judgment are assessed in favor of appellee.

Dausman, J., absent.

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