Ekstrom v. State

The basic issue on this appeal is whether the evidence is sufficient to show that the state’s refusal to accept material was fraudulent or done in bad faith. Several other issues are raised. However, their significance was predicated upon the propriety of the submission of the case to the jury.

Sufficiency of Evidence.

Ekstrom’s cause of action against the state is predicated upon the existence of an implied promise that the state would not interfere with his right to perform under the contract. Reliance is thus placed upon 17 Am. Jur. 2d, Contracts, pp. 653, 654, sec. 256:

“Every contract…