Pippin v. Burnum

McMurray, Chief Judge.

This is an action on an oral contract to combine (harvest) wheat. At trial plaintiff testified that after negotiations with defendant they agreed that plaintiff (at that time in the business of custom combining and custom harvesting) was to harvest defendant’s wheat crop for $23 per acre (defendant to be responsible for transporting the harvested grain from defendant’s fields). Plaintiff testified that pursuant to this agreement he transported his equipment to and combined the *554wheat upon fields designated by defendant’s foreman.

Plaintiff testified that he determined the…