Stringham v. Davis

The opinion of the court was delivered by

Anders, J.

This action was brought by the respondent to recover from the appellant George H. Davis a balance *569alleged to be due respondent for services performed in clearing land, and to foreclose a lien on the land for the amount due. It is’ alleged in the complaint that the plaintiff (respondent) and defendant (appellant) entered into a written agreement, which was as follows:

“Memorandum- of agreement made this 25th day of June, 1895, between G. H. Davis, of the first, and T. W. Stringham, of the second part, witnesseth: That the party of the second…