Huber Tool Works, Inc. v. Marchant Calculators, Inc.

Plaintiff obtained a judgment against the defendant for a balance due on a contract and defendant appeals.

In 1958, the defendant was developing a new invoicing machine. There was some urgency involved in its completion and defendant asked various suppliers, among them plaintiff, to inspect drawings and blueprints and to make and manufacture only such parts as each of the suppliers could deliver within a deadline date fixed on each drawing. Nothing was said by either plaintiff or defendant concerning the price to be paid for the parts to be manufactured. By agreement plaintiff took a number of…