Beam

The cause of action sued, on herein was assigned to the corporation plaintiff by a pre-existing copartnership of the same name. The plaintiff sought to recover from the defendants the balance of a sum of money alleged to be due upon a contract entered into between plaintiff’s assignor, the B. & W. Engineering Company, and I. Willard Beam, wherein the latter acted for himself and as the representative of the defendant W. Jessup & Sons, Limited. Upon the death of Beam his widow was appointed as executrix of his last will and testament, and in due time a claim, founded upon the contract in suit, was presented to and rejected by her as such executrix. Said contract consisted of a proposal in writing by plaintiff’s assignor which was accepted in writing by Beam, the deceased, for himself and the defendant W. Jessup & Sons, Limited. By the terms of the contract plaintiff’s assignor contracted to clear a certain lot of land for the actual cost of the work plus fifteen per cent commission thereon. The contract in question when proposed and as finally accepted contained this clause: “We wish to state . . . that our estimated figure is one thousand dollars for clearing this lot. ...”

The…