Western Steel & Engineering Co. v. Feykert

STURTEVANT, J.

The plaintiff commenced an action to recover damages caused by an alleged breach of contract.

[765]

The defendant appeared and answered and filed a cross-complaint. The plaintiff answered the cross-complaint and a trial was had in the lower court, the court sitting without a jury. The judgment went for'the plaintiff and the defendant has appealed. •

The appellant, in several ways, contends that the trial court received evidence varying the terms of a written contract. To understand these contentions it will clarify the matter to state that in October, 1920, the plaintiff applied to the defendant to make a bid on the construction of a high-pressure press. For the purpose of that application the plaintiff submitted a set of blue-prints. The minds of the parties never met on the above-mentioned application and all matters concerning it were subsequently dropped. Later the plaintiff prepared another set of blue-prints. The one that is involved in this case was introduced on the trial and is known as plaintiff’s exhibit 5. A duplicate copy of plaintiff’s exhibit 5 was also introduced and was marked defendant’s exhibit 4. Each set of blue-prints contained sheets marked 1-1-1, 1-1-3, 1-1-4, 1-1-6, 1-1-7, 1-1-8, 1-1-9, 1-1-12, 1-1—13, 1-1-14. At this time it is proper to remark that on each and every sheet there are not only drawings but numerous specifications—and in particular on sheet 14. On that sheet there are numerous measurements, _ not only as to distances, but as to the dimensions of bolts, bolt holes, weights of materials, and in almost every instance the particular number to be included of each item. Prior to February 8, 1921, according to the testimony of Mi*. Staley, the president of the plaintiff corporation, he had de- • livered into the hands of the defendant a set of the blueprints and also a paper marked plaintiff’s exhibit 6, and marked at the head or top, “Part List for Western High Pressure Continuous Press—see assembly drawing 1-1-1 January 31, 1921.” The paper called “Part List” purports 'to state, in the left-hand column, the numbers 1 to 99, inclusive, of the parts as shown and numbered on that sheet of the drawings which was marked “1-1-1.” The second column indicates on which sheet of the drawings the part appears. The third column states the number, per press, of each of the parts, and the fourth column states the dimensions, and, in some instances, weight, strength, and partieu