Opinion
July, 1918.
Plaintiff's exceptions sustained, motion for new trial granted, with costs to plaintiff to abide event. Held, that while the oral contract of March, 1917, superseded the written contract of October, 1916, upon which the action is founded, it did not extinguish the defendant's liability for a breach thereof, and that under the allegations of the complaint and the evidence upon the trial the plaintiff made out a case for the jury for damages for a breach thereof. All concurred.