O'Donnell v. Bennett

This action is one by plaintiff against the defendants, seeking to recover for cutting and hauling logs. A question has arisen as to whether the action was upon a special contract or upon quantum meruit. Entertaining the view that we take of the case, a discussion of that matter does not seem to be required.

The plaintiff alleges that he cut and hauled for the defendants 469,000 feet of logs at the price of $4.75 per thousand, amounting in all to $2,227.75; that of this amount the defendants have paid him $1,341.61, leaving a balance due of $886.14. The defense set up in the answer is that…