Leslie v. Smith

Campbell, J:

Smith sued Leslie and recovered for the value of 'labor and services connected with the improvement and care of certain lauds. The declaration contained the common counts and also a special count. But as the court held there could be no recovery on the special count, and as it varied materially from the contract sworn to by plaintiff below, it need not be considered. The questions before us all arise out of the rulings of the court upon the case as submitted to the jury.

Smith swore in substance to a parol agreement made in 1855 in New York, whereby he was “to go on this one…