James F. Monaghan v. M. Lowenstein & Sons

LUMMUS, Justice. After a verdict for the plaintiff in an action of contract to recover for the professional services of an engineering corporation in planning a finishing plant for the defendant, the case comes here upon the defendant's exceptions. We need consider only its exception to the denial of its motion for a directed verdict in its favor. The defendant was in the business of buying 'grey' or unfinished cotton goods, having the goods bleached, dyed, and finished, and then selling them to customers. On August 25, 1927, a vice-president of the defendant, one E. A. Weiller, visited the plaintiff. Weiller asked the plaintiff to plan roughly for the defendant a finishing plant capable of turning out one hundred million yards of cloth a year, and to compute the floor space needed for the different departments and the probable cost of the plant. No drawings were to be made, for the location of the plant had not been determined.