Thornton v. Pasch

WADE, Justice.

Plaintiff, Thornton, brought this action to recover damages for breach of contract. On the trial at the close of plaintiff’s case, the court took the case from the jury and granted defendants’ motion for a nonsuit on the grounds that there was no evidence that a contract had been entered into and that there was no evidence that plaintiff had sustained damages. Plaintiff appeals.

Plaintiff’s evidence tended to show the following facts: The defendants were in the roofing business, and plaintiff was a trucker. Early in May, 1942, the defendant Pasch asked plaintiff if he would like…