Gaasland Co. v. Hyak Lumber & Millwork, Inc.

Plaintiff, Gaasland Company, Inc., in its complaint, claimed damages for breach of an alleged contract to furnish lumber millwork products. At the conclusion of plaintiff’s case, the defendant, Hyak Lumber & Millwork, Inc., moved for a nonsuit. The motion was based upon two grounds: (a) That plaintiff’s evidence did not prove the existence of a contract between the parties, and (b) that no damages were established by the evidence. The trial court granted the motion on the first ground and dismissed the case. Gaasland Company, Inc., has appealed.

In effect, defendant’s motion constituted a…