Messerall v. Dreyer

The trial court found that plaintiffs, father and son, were partners engaged in the cutting and skidding of logs and that as such partners they “performed certain work, labor, and services for said defendant Dreyer by themselves and team and at the special instance and request of * * * Dreyer,” and at an agreed price, in cutting and skidding certain logs and in skidding certain logs cut by others. A jury was impaneled. No issues had been framed for submission to the jury. The court on its own motion submitted “the issue of what was due plaintiffs for the work they did.” The jury found the…