Baynes v. McKee

OPINION

By THE COURT:

This is an appeal on law from the judgment of the Common Pleas Court of Montgomery County. The plaintiffs brought an action to recover money alleged to be due them from thé defendant on an oral contract whereby the plaintiffs agreed to furnish all the labor and equipment necessary to level off and clear of trees and underbrush certain lands belonging to the defendant. There is no dispute between the parties with respect to the terms of the oral agreement. There is a definite conflict in the evidence with respect to the question whether the plaintiffs substantially…