Winston v. McKnab

The opinion of the court was delivered by

Harvey, J.:

This is an action to recover $4,664.06, the balance alleged to be due plaintiff from defendant on a specific oral contract for services rendered as an income tax accountant. Defendant pleaded the statute of limitations, denied liability to plaintiff, and averred that he had paid plaintiff for all services rendered. The court held the statute of limitations not applicable, instructed the jury that plaintiff could recover nothing unless he established the contract alleged, but in the event that contract was established plaintiff should recover…