Raff v. Baird

TAYLOR, Chief Justice.

Plaintiff (appellant) brought this action to recover for materials furnished and labor performed in the construction of a house being built by defendant in Blackfoot. The complaint is in the usual form, alleging that the materials were furnished and the labor performed “at the special instance and request” of the defendant between the 8th day of November, 1952, and the 20th day of January, 1953.

As an affirmative defense the defendant (respondent) alleges that on or about the 8th day of November, 1952, plaintiff and defendant entered into an oral agreement whereby it was…