Apablasa v. Merritt & Co.

Plaintiff’s action for damages for breach of contract is predicated on a written contract entered into September 20, 1955. Hearing the case without a jury, the trial judge directed that the issue of the existence of the contract first be tried; and at the close of plaintiff’s case entered a judgment of nonsuit decreeing that no written contract was entered into, existing, or was ever executed.

Part of the correspondence signed by defendant M. C. Selleek appears on the letterhead of defendant Merritt and Company, and although the issue concerning who is bound by the letters is still' pending,…