Richmann v. Beach

—The prayer of plaintiff for judgment is predicated on a threshing bill. His petition is in different counts, alleging, respectively, express contract and quantum meruit. To so plead was the legal privilege of the plaintiff. Russell v. Clemens & Co., 196 Iowa 1121.

The cause was submitted to a jury on the theory of express contract. This was fully warranted, unless the primary evidence of the plaintiff on which the pleaded contract rests is within the purview of the Statute of Frauds, Section 11285, Paragraph 2, Code of 1924. In the last analysis, the issuable question is one of fact, and.…