DeRosier v. Vierra

SCHOTTKY, J. pro tem.

Plaintiff and respondent commenced an action against defendant and appellant, the complaint containing two counts: (1) for $1,688.80 as the reasonable value of work, labor and services in the nature of land planing, scraping, ripping and surveying, at the special instance and request of defendant; and (2) upon an open book account for the same amount.

Defendant filed an answer denying the material allegations of the complaint, and also filed a cross-complaint in which he alleged that plaintiff agreed to level a 52-acre tract of land for defendant in such a good workmanlike…