Gardiner v. Burket

This is an appeal from a judgment against the defendant (appellant) on an oral contract, under the terms of which the plaintiff was to remove or demolish a dwelling from her lot in the oil field near Venice and by which defendant’s decedent was to pay the reasonable value of the house. It is alleged in the complaint that the contract was entered into contemporaneously with a written lease, whereby the plaintiff leased her lot to the said decedent as a part of a community lease.

The first and principal contention of the appellant is that there was a fatal variance between the claim which was…