Dowaliby v. Fleming

NOBLE, Justice.

Action was brought in the district court of Chaves County to recover $1,599.72 on account of loans and advances by plaintiff to defendant. The trial court found the issues generally in favor of plaintiff and, after allowing a setoff of $342 for unpaid wages, granted judgment for plaintiff in the sum of $1,257.72 from which defendant appeals.

Defendant, as a special defense, alleged an oral agreement by which he, as a tenant occupying a house owned by plaintiff, was to remodel the house at his expense and was to receive one-half of the proceeds of any sale of the house. By way of…