Order on Petition for Rehearing.
PER CURIAM.Counsel for the appellant earnestly contends that the opinion filed in this case discloses that the Court “misapprehended the pleadings and evidence and without either pleadings or evidence concluded that the respondent contended that it gave the appellant quotations for an estimated amount of stainless steel,” rather than for the thirty-one separate articles to be fabricatd and manufactured for use in connection with the construction job undertaken by the appellant. While we think that the petition of appellant merely reiterates the argument of counsel as passed upon in the opinion *575filed, we will state briefly our reaction to the case attempted to be made in the petition.
The burden of appellant’s argument on this point is that there was testimony from which it reasonably could be concluded that respondent’s bid covered the manufactured articles, rather than merely the quantity of stainless steel required in the production of the same, and that therefore the case should have been submitted to the jury. Neither the complaint nor the testimony bears out this contention.
In paragraph 5 of the complaint it is alleged that the respondent asked to be permitted to procure for the appellant “the stainless steel called for in the plans and specifications * * and that “the plaintiff (appellant) agreed to let the defendant procure the stainless steel.”
In paragraph 6 of the complaint it is alleged that the respondent “agreed to procure the stainless steel necessary to complete the repairs as per plans and specifications mentioned above at a price to plaintiff of two and 85/10 ($2.85) dollars per lineal foot.” And again, that at the price quoted, the “the stainless steel, as outlined in plans and specifications, would have cost the plaintiff the sum of thirteen hundred fifty-three ($1,353.00) dollars plus approximately forty-two hundred ($4,200.00) dollars for installation.”
In paragraph 9 of the complaint it is alleged that in reliance upon the “representations, promises and agreements of the defendant, its agent and servants, the plaintiff called upon the defendant to obtain for the plaintiff the stainless steel as specified in the plans, specifications and contract * * *” and that “the defendant failed and refused to procure for the plaintiff the stainless steel * *
There can be no doubt about the fact that in framing his statement of his cause of action, the appellant rested upon his claim that the alleged bid or agreement to provide stainless steel for a job which included the manufacture of articles made principally of stainless steel, constituted an agreement or bid to produce the manufactured articles, rather than for *576merely the material out of which such articles were to be made. The primary question in the case is whether there is any testimony pointing to the fact that this also was the understanding of the respondent in making its bid.
There is no testimony whatsoever tending to show, or from which it can be reasonably inferred, that at the time of making its bid the respondent understood that it would be expected to provide anything other or more than the stainless steel product, of the quantity and quality required for the manufacture of the articles which the appellant was undertaking in his bid as general contractor to produce and install.
The testimony of the appellant accords with the allegations of his complaint in that he stated that the respondent gave him a bid for the stainless steel. He does not assert that either verbally or in writing the respondent ever agreed to manufacture or procure to be manufactured the stainless steel into the thirty-one articles required.
It is true that in the discussion of the matter between the parties the plans and specifications relating to the manufacture and installation of the articles in question were given to the respondent. But it does not follow from this that anything more than the provision of the stainless sttel was the proposed undertaking of the respondent. The plans and specifications enabled the respondent, as they did the appellant, to determine the approximate quantity of stainless steel that would have to be provided. They, however, have no bearing upon the contractual status of the negotiations between the parties in respect to matters of fabrication and manufacture. If any other purpose was in the mind of the appellant, there still is nothing in the testimony to disclose or from which it can be inferred that the respondent had such purpose in mind or that any attempt was made to convey such purpose to it.
Since the appellant’s main contention is that in the light most favorable to the respondent, there is at least an uncertainty as to what the terms of the contract were, the case *577should have been submitted to the jury so that they, rather than the Court, may draw whatever reasonable inferences are deducible from the testimony, it should be pointed out that the appellant knew that the respondent was not a manufacturer of the articles in question. He was a “plumbing and heating man.” And although the plans and specifications called for the manufacture and installation of thirty-one pieces of equipment which shall be “equal to that of the S. Blickman Company” (apparently an expert in this particular field), the appellant does not claim to have consulted the Blickman concern, or even to have asked for any other bid than that which he received from the respondent. Nor is it anywhere in the record asserted by the appellant that the respondent undertook to ascertain the meaning of the requirement that the required articles be “equal to that of the” Blickman concern.
In the same light mention might be made of the fact that in spite of the appellant’s assertion of complete ignorance of prices and costs in the construction field in question, he had sufficient knowledge and information to enable him to determine from the specifications covering the equipment to be manufactured and installed, the number of lineal feet of stainless. steel that would be required.
When we add to these considerations the fact that the appellant actually paid, as he claims, $43,000.00 for the stainless steel equipment which he asserts was covered by the bid of less than $1,400.00 made by the respondent, without any suggestion that the amount so paid by him was an excessive charge which could be exacted from him because of the failure of the respondent to comply with his bid, the only reasonable inference that we can deduce is that the appellant understood that the bid which he received was not a bid for the production and manufacture of the required equipment.
But even if we give the appellant the benefit of any slight doubt that it may be argued arises out of the record as to *578the understanding and intent of the appellant, we are still of the opinion that as to the respondent, no other reasonable inference can be drawn than that the respondent understood that he was bidding on a contract to only procure and provide stainless steel of a quantity sufficient to manufacture the articles in question, but without any thought of manufacturing the same.
Thus, as we view the case, the minds of the parties never met and there was no contract.
The petitioner makes the further point that the applicability of the Statute of Frauds was not properly before the Court and that if he is in error about this, the Statute should have been held by us to be inapplicable. These questions are rendered immaterial by our holding that the dealings between the parties did not achieve a contractual status. It suffices to say on this phase of the case that the opinion filed is not to be deemed as holding that the Statute of Frauds is applicable to a contract to procure merchandise which is not in being, and which within the terms of the contract (and therefore within the legal contemplation of the parties) is to be manufactured. Here we are holding that the terms of the alleged contract required only the procurement and delivery of materials, not of articles to be manufactured.
Other questions are made by the petition, but under the views expressed in the opinion filed, and above, these questions do not affect the result.
The petition for a rehearing is refused.
Let this order be reported -with the opinion heretofore filed.