Wells Construction Co. v. Goder Incinerator Co.

Action for breach of contract. After an adverse verdict for $10,500, defendant appeals from an order denying its alternative motion for judgment or a new trial.

Both plaintiff and defendant are corporations, plaintiff being the successor of the partnership between which and defendant the alleged contract was made. For convenience we shall refer to the agreement as having been made by plaintiff itself. The agreement was never reduced to writing. Holding as we do that no contract was proved, it is expedient to go into the evidence somewhat in detail. The story is not short.

Plaintiff’s claim is…