Opinion
No. 17,386.
Filed October 22, 1945. Rehearing Denied November 16, 1945. Transfer Denied December 21, 1945.
From the Shelby Circuit Court; George W. Long, Special Judge.
Action by Abraham Katzow against Louis J. Borinstein for compensation for services performed pursuant to oral contract, wherein judgment for plaintiff was reversed by the Supreme Court, and plaintiff thereafter filed an amended complaint. From a judgment for defendant, entered after his demurrer to such amended complaint was sustained, plaintiff appealed.
Affirmed. By the court in banc.
Alvah J. Rucker, of Indianapolis, and George R. Tolen, of Shelbyville, for appellant.
Joseph Dann, of Indianapolis, and Pell Pell, of Shelbyville, for appellee.
This is the second appeal of this case. See Borinstein v. Katzow (1944), 222 Ind. 548, 55 N.E.2d 260. On the former appeal the Supreme Court decided that the complaint was demurrable.
An amended complaint was then filed in the trial court and a demurrer sustained to it. This appeal is from that ruling.
There is no substantial difference between the amended and the original complaint. The operative facts remain the same. Our Supreme Court held that such operative facts do not constitute a cause of action.
Judgment affirmed.
NOTE. — Reported in 63 N.E.2d 146.