O'Dell v. Nelson & Myers

This is an action by the plaintiffs, Nelson & Myers, copartners, to recover damages from the defendant, Firmin T. O’Dell, for breach of a contract to purchase •all the sand required for the construction of a municipal reservoir for the city of Shawnee. The controversy arose from the following circumstances; The defendant had the contract to construct the reservoir. Plaintiffs contend that they entered into an oral contract under which defendant agreed to purchase all the sand required for the project at $1.40 per cubic yard delivered at the site of the reservoir; that they did deliver 21…