Blythe v. Embry

HARWOOD, Judge.

The complaint below was in the common counts. The defendant entered a plea of general issue in short by consent. The jury returned a verdict in plaintiff’s favor and fixed his damages at $400. Defendant’s motion for a new trial being overruled an appeal was perfected to this court.

The plaintiff testified that he and defendant had entered into an oral contract whereby plaintiff was to do certain grading ■on some land owned by the defendant.

According to the plaintiff the defendant wanted his tract of land graded so that it would have an eighteen inch crown, “the water draining…