Ginther v. Southwest Workover Company

NORVELL, Justice.^

There is some dispute between the parties as to the exact nature of this action. In the court below it seems to have been treated as one upon an account for money due for services rendered. Appellants contend that the action is one on an express contract and that it was necessary that appellee plead and prove that it had completed the agreement by performing the prescribed services in a careful and workmanlike manner; that ap-pellee, as plaintiff below, had not requested a submission of this issue to the jury, and consequently had in effect waived its right of recovery.

As we…