Rietz v. Siebold

' Mr. Justice Fret-man

delivered the opinion of the court.

Appellee sued to recover upon a contract alleged in his declaration to be “ partly written and partly oral.” By the terms of the written agreement appellee agreed to do certain mason work for appellant, “ for eleven hundred and twenty-five dollars ($1,125) (one thousand of which in Standard Electric stock, as agreed between R. & S. personally) to be paid to him,” etc. According to appellee’s testimony, appellant said when the arrangement was made, that he was short of money, and wanted appellee to take part payment in this stock; that…