Herre Bros. v. Rhoads

Opinion by

Montgomery, J.,

Plaintiff-appellant recovered a judgment of $8,-351.12 in an action of assumpsit based on three claims: (a) under a written contract for the construction of a *359restaurant building; (b) a supplemental written contract for the furnishing of restaurant fixtures and kitchen equipment; (c) an oral agreement for additional restaurant fixtures and kitchen equipment. The jury allowed a recovery on each count, although in an amount which was less than plaintiff claimed. The jury also allowed the defendant-appellee the sum of $12,316.13 with costs on a counterclaim. The costs…