Huber Tool Works, Inc. v. Marchant Calculators, Inc.

Plaintiff obtained a judgment against the defendant for a balance due on a contract and defendant appeals.

In 1958, the defendant was developing a new invoicing machine. There was some urgency involved in its completion and defendant asked various suppliers, among them plaintiff, to inspect drawings and blueprints and to make and manufacture only such parts as each of the suppliers could deliver within a deadline date fixed on each drawing. Nothing was said by either plaintiff or defendant concerning the price to be paid for the parts to be manufactured. By agreement plaintiff took a number of blueprints and began the manufacture of parts for defendant’s machine. As work was completed, plaintiff would ship the completed parts to defendant *824 and then submit an invoice to defendant on a “time and materials” basis. Defendant paid five such invoices, but did not pay the remainder as submitted, because in defendant’s judgment the prices charged were unreasonable. Defendant did not notify plaintiff to stop work, however, but rather accepted and used all parts manufactured and shipped by plaintiff. The trial court entered its judgment in favor of plaintiff for the full amount of…