Damron v. Stewart & Weir

Opinion op the Court by

Stanley, Commissioner

Reversing.

Stewart & Weir, partners, sued W. W. Damron on an account based upon an implied contract to pay for labor performed and material furnished at his special instance and request in the drilling of an oil well. It is alleged that the defendant was indebted to the plaintiffs in the sum of $2,628.10, credited by $783.34, and judgment was prayed for the balance of $1,844.76 with interest. It is not alleged that the sum charged and stated was the reasonable value of the labor and material. The answer was a traverse. The judgment was for one- half…