EVIDENCE, § 206 — parol evidence as to basis of payment for work done by plaintiffs on written order given by defendant. Where plaintiffs made certain die punches for defendant under written order prepared by defendant on its printed form and sent to plaintiffs, held that plaintiffs were entitled to recover on basis of time actually spent on work, although defendant sought to show by parol testimony that number of hours to be charged was limited by oral agreement to 20 hours per punch, as written order was prepared by defendant and evidently was intended to contain all terms of agreement and mere estimate of time that would probably be expended on each punch could not control express provision of contract to pay upon time and material basis.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE NIEMEYER.
Not to be published in full. Opinion filed January 8, 1945; released for publication January 29, 1945.