Beka, Respondents v. Lithium Corporation of America, Appellant

Summary

The court affirmed a directed verdict awarding the partnership $3,000 for the corporation's termination of the subcontract without the contractually required ten days' written notice. It held that the partnership's failure to file a fictitious-name statement before performing the contract did not invalidate the agreement and that filing before suit authorized the action. The court also upheld prejudgment interest because the damages were capable of being made certain through an established market price for loading and hauling the ore.