Truscon Steel Co. v. Thirlwell Electric Co.

Opinion of the Court by

Chief Justice Clay — •

Reversing.

The Truscon Steel Company brought this suit against the Thirlwell Electric Company to recover $1,050 due on a contract, and obtained a general order of attachment. The defendant pleaded a novation. On a trial before a jury the court, at the conclusion of the evidence, sustained defendant’s motion for a peremptory instruction. Plaintiff appeals.

The facts are: Prior to April 1, 1932, appellee contracted with the Louisville Baseball Company to floodlight Parkway Field, and ordered the steel for the towers from appellant. Before filling the…