Finch Manufacturing Co. v. Miller & Sons

Opinion by

Henderson, J.,

The pleadings and evidence in this case presented issues of fact which the court could not properly have withheld from the jury. The written order of November 18,1909, given by the defendants to the plaintiff was indefinite in terms as to the quantity of dies to be manufactured. The oral evidence identified the particular verbal orders given by Southwell apparently pursuant to the written direction of the defendants. The motive for the latter’s order to the plaintiff may be found in the fact that one of the members of the defendant company was treasurer of the…