Carroll v. Pratt

Matson, Justice.

Plaintiff appeals from an order denying his motion for a new trial.

About October 10, 1950, plaintiff entered into a contract with the counties of Renville and Sibley for the repair of Judicial Ditch No. 8. Shortly thereafter plaintiff, by oral agreement, sublet to the respondent, herein called the defendant, the cutting and the burial or disposal of the trunks and branches of trees growing on the ditch right-of-way for an agreed price of $1.30 per tree. Pursuant to this oral agreement, plaintiff reserved for himself the burial and disposal of the tree stumps.

In 1951 defendant…