Dallman Co. v. Southern Heater Co.

Plaintiff-respondent Dallman Company (Dallman) filed an action against defendant-appellant Southern Heater Company (Southern) for damages for loss of business profits and good will as a result of a breach of contract. From a judgment for $262,870.43 Southern appeals. By stipulation the issue of liability was first tried by the court which made an oral determination thereon in favor of plaintiff. The court then referred the cause to a court commissioner for further hearings on the issue of damages. The parties stipulated that the court might consider the court commissioner’s report as evidence, subject to the right of either party to object thereto.

First Assignment of Error: The court’s finding No. 1 as to a contract between the parties is too uncertain to support the judgment herein.

Finding No. 1 states: “In the year 1952 defendant made a proposal to plaintiff, the terms of which were as follows: That plaintiff would purchase heaters from defendant; that such heaters would be manufactured under the private label of plaintiff, viz: Climax; that different grades as to thickness of the wall of the tanks would be used; that different names were to be used to identify heaters, such…