Bobbitt v. Van Eaton

Plaintiff in his petition at law predicates his recovery on contract, partly in writing and partly oral. No dispute arises as to any phase of the written instruments involved in the pleadings or the evidence. It is only the alleged oral agreements which provoke the legal quarrel. The trial court, in one of the instructions given, correctly puts the issue in the following language:

“And the only material matters for you to determine in this case are those relating to the alleged oral conversations and contracts set out by the respective parties.' ’

The facts disclose that, on the 11th day of…