Bates v. Oregon-American Lumber Co.

BOURQUIN, District Judge.

Error is assigned, for that the court bélow struck out the testimony in behalf of plaintiff, rejected his offer of proof, and directed verdict for defendant. The complaint in a single count upon contract alleges that in August, 1917, defendant “did hire and employ this plaintiff to assist and aid in developing and marketing” certain timber land and timber thereon, “and agreed to pay plaintiff for his services and to reimburse him for his expenses” therein.

Then follow 15 paragraphs, in each of which is alleged a separate item of service at different, but overlapping,…