Ensign Painting Co. v. Alfred A. Smith, Inc.

Plaintiff contracted to paint a building which had been erected by defendant.

The oral negotiations contemplated exterior painting only but the purchase order for the agreed price issued subsequent to these negotiations included interior painting.

The exterior painting was completed and the plaintiff paid for his work. Later, another purchase order for “additional work” was issued to plaintiff and he did some of it.

Plaintiff brought suit to collect for this work and defendant refused payment on the ground that it was to have been included in the original contract.

The trial court, sitting…