Malin v. Servisco, Inc.

Deen, Presiding Judge.

James C. Malin, individually and d/b/a Malin Trucking Co., appeals from the grant of appellee/plaintiff’s motion for a directed verdict, contending that there was a substantial conflict in the evidence as to the validity of the contract in question and the number of missing uniforms for which he was charged under the contract’s liquidated damages provision. Held:

1. Appellant/defendant claims he relied upon the oral representations made by appellee’s salesman at the time of, or prior to, the execution of the contract and that he was not familiar with the terms of the…