Feykert

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