Albaugh v. Moss Construction Co.

By conventional allegations, appellant sued to recover $28,617.39 on an “oral contract.” The objection of respondents to the receipt of any evidence on the ground that the complaint does not state a cause of action was sustained and judgment against appellant was entered. Hence, this appeal.

Appellant, on behalf of himself and his partner Reichert, sued to recover on an “oral contract, the exact terms of which are unknown to plaintiff.” He alleged that respondents were to “provide the labor, materials and supervision for erection and construction of 219 houses and to act as general…