Boyce v. Martin

We cannot concur with counsel for plaintiff in error in this case in his view that there was no evidence to support a recovery under the qutmbum meruit for cutting and skidding logs. The plaintiff’s testimony tended to show an express contract under which he was to cut the logs and put them into the Muskegon river, and that after a certain quantity had been cut and skidded, the defendant directed him to cut no more, and afterwards gave farther directions that such logs should be put into Cedar Creek. This was such a change in the express contract, mutually agreed upon, as would enable the…