Taplin v. Hinckley Fibre Co.

The action is contract. The declaration contained the common counts and a special count predicated on the breach of an express contract between the parties for the labor by plaintiff with his team, made March 20, 1921, which contract was to commence April 1 following and to continue for one year. He commenced work about April 1 and continued at work under the contract until June 25, when he was discharged.

The declaration contains no allegation that the contract was in writing, and plaintiff’s evidence showed, and he now admits, that such was not the fact. The plaintiff testified fully as to…