Osage Oil & Gas Co. v. Caulk

On Motion for Rehearing.

The appellee insists that we should not have reversed the judgment upon the ground that the court permitted him to recover at the rate of $45 per day for the eight Sundays included within the 60-day suspension contract, because the illegality had not been pleaded. The original contract is one providing for day labor at the rate of $135 per day, not to exceed 30 days. The supplemental contract provides for suspension of such labor, not to exceed 60 days, and fixes the rate of compensation at $45 per day during such suspension. Article 299 of the Penal Code provides that…