DeMott v. Dillingham

SHANGLER, Judge.

The plaintiff brought an action to enforce an oral contract whereby J. B. Mc-Corkle allegedly agreed to pay plaintiff $10,000 for the procurement for McCorkle of employment as sales manager of a cattle dispersion sale for which McCorkle was paid $20,000. McCorkle had paid plaintiff $1,000 and plaintiff now sues to recover the balance.

After the commencement of the action, the deposition of plaintiff was taken on behalf of McCorkle, then the defendant. Thereafter, but prior to trial, McCorkle died and the executor of his estate was duly substituted as party defendant.

The cause…