Nuckols v. Flynn

• J. SeaborN Holt, Associate Justice.

Appellant, Nuckols, and appellee, Flynn, entered into an oral agreement whereby Flynn would clear a tract of land owned by Nuckols at a price of $60 per acre. It appears that the number of acres to be cleared was not stipulated at the time the agreement was made. Flynn proceeded with the use of heavy machinery to clear the land of timber, brush and undergrowth, in accordance with the agreement, and Nuckols paid him as the work progressed a total of $2,555.16 for work done. Flynn claimed that he had cleared abont 63 acres of land and demanded $1,196 in…