Ohio Crane Co v. Hicks

• Decision Date: 15 April 1924
• Docket Number: 15165
• Citation: 110 Ohio St. 168,143 N.E. 388
• Parties: The Ohio Crane Co. v. Hicks
• Court: Ohio Supreme Court

143 N.E. 388

110 Ohio St. 168

The Ohio Crane Co. v. Hicks

No. 15165

Supreme Court of Ohio

April 15, 1924

Contracts - Construction to determine intent of parties - Oral agreement supplemented by writing - Compensation a percentage of total building cost - Parol evidence admissible to explain writing, when.

This action below was by the defendant in error against the plaintiff in error, to recover 10 per cent. of the total cost of a building constructed by defendant in error for plaintiff in error. The plaintiff in error furnished all material, and paid for labor, which defendant in error agreed to furnish and did. Defendant in error also furnished trucks, ropes blocks, wrenches, erection tools, scaffolding, and all things incidental to the erection of steel work, brick work, wood work, and so forth.

The negotiations were in their inception verbal. Thereafter the plaintiff in error addressed a letter to defendant in error of which the following is a copy: "The Ohio Crane Company, "Bucyrus, Ohio, August 10, 19-16. "To George B. Hicks, South Charleston, Ohio.

"To labor required in erecting the steel work, brick work and carpenter work on our new erecting shop 90'x 200'.

"Price-as verbally agreed upon-actual cost plus 10%.

"It is understood that the company is to furnish all the materials used in construction of this building and that the contractor is to furnish his necessary tools for carrying on this work.

"The steel work is expected to arrive in Bucyrus by the latter part of August, and it is essential that the steel work be erected as soon as it arrives on the ground.

Acknowledged 8/12, 1916.

"The Ohio Crane Company,

C Michael, Purchasing Agent."

To which the defendant in error sent the following reply "Geo. B. Hicks, Contractor. "South Charleston, Ohio. August 14, 1916. "The Ohio Crane Co., Bucyrus, O.-Dear Sirs: Yours of the tenth inst. received, covering extent of work and contract price. "I will keep in close touch with the progress of your work, and will have the men and tools ready to place the steel when it arrives, and proceed with the work. "Awaiting your further orders, I beg to remain,

"Very truly yours, Geo. B. Hicks."

The record discloses that the defendant in error erected the building to the satisfaction of the plaintiff in error; that the period consumed in the erection was approximately 90 days. The plaintiff in error paid the wages of the laborers furnished by defendant in error in the sum of $2,639.94, which included all labor performed upon the building except the personal labor of defendant in error and of his superintendent, Johnson; that defendant in error personally spent a few hours per week actually on the construction job, and an indefinite portion of his time in securing laborers to work on the construction; that his superintendent, Johnson, spent on an average of two-thirds of every day upon the job; that the labor of defendant in error and his superintendent, Johnson, were not included in the pay roll; that defendant in error was paying his superintendent, Johnson, $40 per week.

It was the contention of defendant below, and Is its contention here, that the letter of the plaintiff in error, and the reply thereto of the defendant in error, constitute the contract, that it is plain and unambiguous, and that the defendant in error was entitled to receive for erecting the...