Rubino v. Pray

This is an appeal by the buyer from a judgment in favor of the sellers in an action for damages for breach of a written agreement.

Appellant contends that: (1) The evidence was insufficient to support the finding that the parties entered into a contract. (2) The findings of fact based on a common count do not support the conclusions of law or the judgment. (3) The award of damages was improper.

The record reveals the following facts: Respondent, Ebbe Rubino, operated a combination toy, phonograph, stationery and jewelry store known as Rubino’s Appliance, which she owned with her husband, the…