Judgment of the Court
The judgment of the Court was delivered by
Wrights is interested in providing the technical know-how, including the on site supervision, and
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the equipment other than what we have already on the project or available, for the pulling of the cables and related work, and has available as required the experienced person or persons for the work.
Halvorson holds a contract with Jackson Hole Ski Corporation for completion of the project, and is interested in having Wrights perform the cable installation and related work.
It is agreed that Wrights will immediately proceed to prepare for the performance of the cable installation and related work by fabricating or causing to be fabricated the necessary hardware and special equipment or tools, and have the same ready by September 1, 1965. Wrights will have their technician, Mr. Pacey, visit the project within the next two weeks to acquaint himself with jobsite conditions and to communicate to the job supt. the information he may require in preparation for the cable installation.
Mr. Pacey will be in charge of the installation, and will be present on the jobsite during the entire operation.
Wrights does not wish to quote a price for the installation on a lump sum basis, but agrees to have prepared within approximately two weeks an estimate of the time and cost required for performance of the work, including the acquisition, modification, and fabrication of special tools and hardware, and a presentation of their proposed basis of compensation for their contribution to the work.
Halvorson agrees that he has authorized and instructed Wrights to proceed as set forth herein, and expects Wrights to be prepared to perform the work on or about September 1, 1965 at the project site.
Halvorson and Wrights have agreed that upon Mr. Halvorson’s return from Europe, in approximately two weeks, they will meet to conclude an agreement for actual basis of compensation to Wrights, and to conclude an agreement on actual methods being employed by Wrights.
The instruction to immediately proceed with the planning and arrangements, given by Halvorson to Wrights and confirmed herein, is not a conditional instruction even though the final agreement is yet to be consummated. Both Wrights and Halvorson after lengthy discussion are satisfied that they are in complete agreement as to the basis for such an
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agreement, and Wrights are to proceed diligently with the planning and preparation and are so authorized and instructed.
Mr. Robert McLellan is already performing work for Halvorson in planning methods of cable erection and installation, and will continue with this work. All work performed by McLellan for Halvorson, and for Williamette Construction Co., is available to Wrights, and Mr. McLellan has further been instructed to provide any additional information or assistance which Wrights may require, at the request of Wrights. Mr. McLellan’s compensation for these services will be the direct obligation of Halvorson.