Holbeck v. Southside Malleable Casting Co.

When the motion for a directed verdict was made by respondent, the evidence established the ownership of the note in suit which, by its terms, was past due; *401that the contract was entered into as described in the pleadings; that the terms thereof relating to the construction of the machinery were complied with. It also appears that a considerable savings to appellant resulted from the use of the device installed by respondent. The exact extent of the saving over the 1928 cost for ten thousand tons of castings was not ascertainable, because the demand for such castings had diminished rapidly…