Air Conditioning Engineers, Inc. v. Small

The primary question on this appeal is whether a contract was entered into between appellee, as the general contractor for an office building, and appellant, as a subcontractor for the air conditioning and heating. There was judgment for plaintiff and defendant appeals.

The first count of the complaint was a common count on account. It may be eliminated as not appropriate to the claim as developed. 3 Alabama Digest, Assumpsit, p. 179, ^ 5. The second count is for the breach of a contract in writing, consisting of a written offer under date of August 30, 1948 made by the defendant to the…