Wise v. Midtown Motors, Inc.

Peterson, Justice.

Plaintiff sued to recover $17,149.80 for breach of an express contract and for other damages resulting therefrom, and appeals from the order denying his motion for a new trial after verdict was directed for defendant.

The questions for decision are:(1) Whether an employer who repudiates as void under the statute of frauds an oral contract for the rendition of services is entitled, in an action by the employe to recover upon a quantum meruit for services rendered, to have the measure of recovery determined by the void contract;(2) Whether a threat to bring an action not to…