Britt v. Cotter Butte Mines

This appeal is from a judgment of the district court of Silver Bow county in an action wherein the respondent brought suit against the appellant for the recovery of compensation for services rendered by him to the appellant. The complaint stated two causes of action — the first on an express agreement for fixed compensation, and the second on a quantum meruit. It is alleged therein that the services were rendered for a period beginning on November 29, 1931, and ending October 14, 1937. On the trial the court upon motion withdrew the first cause of action from the consideration of the jury,…