Pellegrene v. Luther

Opinion by

Mb. Justice Bell,

Plaintiff recovered a verdict for $13,572.81, based upon an alleged oral contract for the construction of defendants’ house, i.e., the cost of the labor and materials plus the sum of $500. Plaintiff testified that the parties agreed to cancel a written contract under the terms of which plaintiff agreed to build the house for $20,500 and to substitute the above mentioned oral contract. Defendant-husband vigorously denied any oral contract as well as plaintiff’s other material evidence, and counterclaimed for damages resulting from plaintiff’s breach of his written…