Phoenix Air Conditioning Co. v. Towne House Developers, Inc.

Quillian, Judge.

The issue for our determination is whether the evidence was sufficient to sustain the verdict for the plaintiff. In making this determination we considered the following evidence which was adduced on trial. Both the plaintiff Phillip Block and Phillip Lang testified that the proposal which was dated February 27, 1968, and the general work contract were executed contemporaneously on March 5, 1968. The proposal was filed by an admitted agent of the defendant acting in his authorized capacity. However, the defendant contends and offered evidence to show that Phillip Lang was not…