May v. Hovenkamp

BOYD, Justice.

Appellee M. W. Hovenkamp, doing business as Hovenkamp Construction Company, filed this suit against appellant Oscar R. May, Jr., and wife for $1,718.25, alleged to be the balance due under a contract with appellant. The suit was dismissed as to Mrs. May. Upon a jury verdict, judgment was rendered for appellee for the amount sued for and $400 attorney’s fees.

Appellant owns Meadowbrook Drive-in Theater, and he and appellee entered into an oral contract whereby appellee engaged to do certain leveling and grading and graveling on the theater premises. Appel-lee pleaded that the…