Waterman-Waterbury Co. v. School District No. 4

Plaintiif brought this action in the circuit court of Montcalm county, to recover the contract price of a heating and ventilating system which it installed in defendant’s schoolhouse during the fall of 1911. Upon the trial of said cause in the circuit court before a jury the court directed a verdict for defendant on the ground that plaintiif had mistaken its remedy. Plaintiff’s declaration was in assumpsit upon the common counts, with a special count upon a written contract alleged to have been entered into between the parties and set forth at length. Defendant pleaded the general issue, and,…