Kemp v. Roberts

Defendant in error, hereinafter referred to as plaintiff, instituted this action against the plaintiff in error, hereinafter referred to as defendant, to recover an alleged balance due under a written contract of employment. Verdict was directed for plaintiff for a sum less than that claimed. Defendant appeals, and the plaintiff cross-appeals.

The plaintiff alleged in his second amended petition that he had performed certain work as a driller under a written contract whereby he was to be paid partly in cash and partly out of oil which might be produced from the well on which he was performing…