Colorado Lumber, Land & Improvement Co. v. Dustin

The question for our determination is whether the court erred in excluding testimony tending to prove the oral agreement relied on by defendant to defeat a recovery of the money judgment for services rendered in pursuance of such agreement; in other words, whether the plaintiffs were entitled to invoke the statute of frauds to avoid , the obligations of the oral agreement under' which the labor was performed, and recover therefor upon an implied assumpsit, notwithstanding the defendant is willing to carry out the agreement on its part.

We think it is clear that this may not be done. The -party…