Progressive Construction Co. v. Thumm

Progressive Construction Company, Inc.,, herein referred to as plaintiff or Progressive, filed its motion for judgment against Linwood A. Thumm and William H. Brown, trading as Virginia Heating Distributors, referred to herein as Virginia Heating or defendants, 1 for $14,968.72 as damages for breach of contract. At the conclusion of the evidence the court, on defendants’ motion, struck out the plaintiff’s evidence and entered judgment for the defendants on the ground that the contract alleged was not proved. We granted plaintiff a writ of error.

Plaintiff, in the spring of 1964, was awarded a…