This section contains the nature of the case and procedural background.

Kabil (P) contacted Mignot (D) to engage them for helicopter services on a job that P contracted to perform for the United States Forest Service. D denied there was a contract and testified that their agent had not accepted the job offer until a site inspection was performed and it was determined that the site was unsafe. P believed that there was a contract and D refused to perform. P contracted with other parties and sued D. P won the verdict and D appealed. D contends that the trial court made an error when it allowed testimony from an employee of P as to whether a contract had been formed.

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