Indiana Supreme Court November 15, 1865 (Kirkpatrick v. Holman)

Elliott, J.

Kirkpatrick sued Holman on a written agreement for the sale of a stallion. The complaint also contained a common count for the price and value of a horse sold and delivered by the plaintiff to the defendant. To the first paragraph of the complaint, the defendant, in his answer, set up an arbitration and award, on the agreement set out in that paragraph of the complaint.