Agger v. Frank Donatelli & Co.

Opinion by

Arnold, J.,

According to the complaint, this action of assumpsit was upon a contract, partly oral and partly written. The jury found for the plaintiff and defendant appealed.

The testimony shows that the defendant contended there was no contract but merely proposals and counter-proposals.

The evidence would sustain jury findings that sometime in June, 1947, negotiations began between the parties for the plaintiff to manufacture an iron railing, to be erected on a job which the defendant was performing for the State Highway Department. Plaintiff was shown plans and specifications which…