Kaiser Aluminum & Chemical Sales v. Lingle

At defendant corporation's request, plaintiff corporation manufactured three dies for forming aluminum extrusions and extruded a quantity of aluminum pieces for defendant's use in manufacturing refrigerator doors. The extrusions were delivered to and accepted by defendant - the dies were retained by plaintiff. Plaintiff sues to recover from defendant an alleged unpaid balance of $410.00 on the price of the order. Defendant appeals from a judgment entered on a jury verdict for $410.00 and interest in favor of plaintiff. The petition pleads alternative grounds for recovery, I.e., either on (1) an express contract, or (2) an implied contract arising from defendant's order for the dies and extrusions and plaintiff's compliance therewith. The sum of $410.00 (and interest) is claimed by plaintiff in either event.