Potter v. Leitenberger Machine Co.

Opinion by

Rhodes, P. J.,

Plaintiff in this action in assumpsit has sought to recover damages from defendant for breach of an alleged contract. Defendant’s preliminary objections to plaintiff’s complaint were sustained by the court below on the ground that the contract was unenforceable because of uncertainty and lack of mutuality. Plaintiff has appealed.

The alleged contract consisted, in part, of a “car order blank” dated March 11, 1946, by which plaintiff ordered from the defendant a Plymouth automobile. The order blank as filled in contained nothing specific except the type, make, and color…