Himes v. Rickman

*576OPINION

By HORNBECK, PJ.

The brief of plaintiffs in error asserts and urges three grounds of error: (1) That the petition was demurrable as it failed to state a cause of action. (2). The verdict was not sustained by reason of failure of evidence as to the value of the services rendered. (3). The verdict is excessive and manifestly against the weight of the evidence.

It is urged by the defendant that, inasmuch as the oral contract set forth in the petition was voidable under the statute of frauds and defendant elected to void it, it could not properly be set out as a basis for any recovery…