McNeill v. Ross

The action was brought to recover a balance claimed by the plaintiff to be due him from the defendant for cutting and putting into a certain stream the pine timber theretofore standing and being upon a specified forty-acre lot. *540The price for such labor was fixed by a parol contract between the parties. The complaint alleges, and the plaintiff testified on the trial, that for 100,000 feet of the timber so cut and put into the stream, the defendant agreed to pay him $5.50 per thousand feet. The defendant answered that the contract price therefor was $2, but testified on the trial that it was…