Gooch v. Davidson

MARTIN, Justice.

Appellee, William S. Davidson, sued appellant,. J. W. Gooch, and pleaded that appellant had agreed by parole contract to pay him $10 per hour for building a dam for appellant by the use of a dozer and/or scraper and that he performed 323½ hours work under the contract. An item of $53 for labor due was not contested. Joel M. Gooch joined in on a cross action for damages but failed to prove any damage and this issue was not submitted to the jury. Appellant answered by general denial and plead that “plaintiff agreed with defendant to construct an earthen dam at such location of…