Harry's Cadillac-Pontiac Co. v. Norburn

We need.consider here only one exception taken by the plaintiff on the trial; the exception to the judgment of nonsuit on the demurrer to the evidence. The trial judge did not state on what theory the nonsuit was granted. He did not need to do so if the judgment could be sustained on any legal ground. But under the noted exception we may deal with the attack on plaintiff’s position on the theory that one or more of the objections discussed in the brief and oral argument prevailed.

The theory that the contract of sale on which plaintiff sues was a mere option or unilateral offer on the part of…