Longo v. Shaker Heights Development, Inc.

In this action plaintiff sues for damages for breach of contract. Upon the trial the jury disagreed and was discharged. Thereafter pursuant to section 457-a of the Civil Practice Act the defendant moved for judgment in accordance with its motion for a directed verdict made at the close of all of the evidence upon which the court had expressly reserved its decision. In April, 1952 the parties completely abrogated, by mutual consent, their pre-existing written contract for the performance of grading services and substituted in its place a new and different parol agreement which gave plaintiff a…