Merit Specialties Co. v. Gilbert Brass Foundry Co.

Action to recover $153,503.30 damages for breach of contract. At the close of plaintiff’s evidence, the -Court sustained defendant’s motion to dismiss “on ground that upon the facts and the law the plaintiff has shown no right to relief.” The Court discharged the jury and entered judgment of dismissal from which plaintiff has appealed.

The principal questions briefed by the parties are: (1) whether the contract made in November 1947 was too indefinite and uncertain to be enforceable; and (2) whether agreement of April 1948 terminated the contract and released the parties from all liability…