Homer Laughlin Engineers Corp. v. J. W. Leavitt & Co.

This action was brought by plaintiff against defendant to recover damages for an alleged breach of contract. The cause was tried by the court, sitting without a jury, and from an adverse judgment plaintiff prosecutes this appeal. The record is voluminous and comes to us through a bill of exceptions. The contentions advanced cover almost the entire law of contracts and appellant urges that the most fundamental principles governing were ignored to its prejudice. There is one important fact, however, upon which both parties agree. It is conceded that the contract in question was never fully performed. Appellant contends that the failure of performance was oil the part of respondent, which failure excused further performance on the part of appellant; respondent, on the other hand, argues that the failure was on the side of appellant. And added to this feature of the case is the claim of respondent that the contract was abandoned by mutual consent. The findings of the trial court upon which rest the judgment, were in favor of respondent.

The contract involved was entered into, between the parties on October 31, 1918. By the terms thereof appellant agreed to manufacture tractors as…