Cummins-Blair Co. v. Mason Tire & Rubber Co.

The Cummins-Blair Co. commenced its action originally in the Cuyahoga Common Pleas against the Mason Tire & Rubber Co., setting up a contract entered into between the parties by which it sought to recover for damages sustained by reason of delays caused by the Rubber Co. and for extra work done under the contract. The Rubber Co. admitted owing a smaller amount than claimed by the plaintiff.

The lower court gave the contract sued upon a construction so that it was impossible for plaintiff to recover more than the defendant admitted was owing. Plaintiff made several proffers of evidence designed…