Burke v. McKee

WILLIAMS, Vice Chief Justice.

This action was brought by E. R. McKee, hereinafter referred to as plaintiff, against E. J. Burke, hereinafter referred to as defendant, to recover for work done in knocking down timber and decking said timber in windrows on land belonging to defendant, pursuant to an oral contract between the parties. The cause was tried to the court, a jury being waived, and judgment rendered for plaintiff on a quantum meruit basis in the amount of $1,-154. Defendant’s motion for new trial was overruled and he appeals.

As his first proposition of error, defendant contends that…