American Mut. Liability Ins. Co. v. McDiamid

On the undisputed evidence before the trial court we can find no basis for any recovery of compensation by plaintiff. Manifestly, if plaintiff can recover at all, it must be either under the terms of the written contract made between him and defendant on January 7, 1920, and remaining in full force and effect during the period of his alleged service, or it must be under a new contract, expressed or implied, for the performance of the services alleged to have been rendered.

Plaintiff’s contention is that the written contract of January 7, 1920, expired at the end of 1921, and that his…