American Tank & Installation Co. v. Rudolph Wurlitzer Co.

Mr. Presiding Justice Barnes

delivered the opinion of the court.

This is an appeal from a judgment for plaintiff in the sum of $400 in a trial had without a jury.

The suit is based upon a written order by defendant to furnish and install, complete at a cost of $400, one 2,000-gallon tank of one-quarter inch steel to be used as a tank on the fifth floor of premises in Chicago occupied by defendant company.

The affidavit of merits denied entering into the contract, and as a further defense in substance alleged that defendant requested plaintiff to estimate the cost, etc., of installing a tank of…