J & J Construction Co. v. Mayernik

This is an action to recover damages for breach of a written contract. Plaintiff had judgment in a trial by jury and defendant has appealed. The judgment was for $935, in accordance with a provision of the contract calling for liquidated damages. ①

Three assignments of error raise the single question whether the court erred in refusing to submit to the jury evidence that the parties orally agreed that the writing was not to become effective as a contract until approved by the defendant’s wife, Lucy Mayernik.

The contract, which is on a printed form, is for the remodeling of the kitchen in the…