Combs v. Hazard Ice Storage Company

Opinion of the Court by

Chief Justice Clay

Affirming.

This is an appeal from a judgment based on a directed verdict in favor of appellee.

The suit is for damages for breach of an alleged contract by which appellee agreed to pay appellant $1.35 a ton for hauling ice for a period of four and one-half months during the summer of 1922. -

Appellant’s evidence as to the terms of the contract is -as follows:

“Q. Now go ahead and state what that contract was ?

“A.‘ Well, he kept coming np there', wanting us to haul, and John there he was hauling with my team. Every time he would see John around he would…