Permalum Window & Awning Mfg. Co. v. Permalum Window Mfg. Corp.

WILLIAMS, Chief Justice.

Appellee Permalum Window Mfg. Corporation of New York (hereinafter referred to as New York) sued appellant Per-malum Window and Awning Manufacturing Company of Louisville (hereinafter referred to as Louisville) for $8,541.23 due on account. Louisville counterclaimed for $564.88 overpayment and for $10,000 damages for New York’s breach of contract.

In January 1961 New York’s factory was gutted by fire. They had orders that should be filled. Steinek, owner of 50 per cent of the stock, and secretary of the corporation, came to Kentucky and made an oral contract with…