Scott v. Hawaiian Tobacco Plantation, Ltd.

OPINION OP THE COURT BY

PERRY, J.

This is an action of assumpsit for $260 for labor performed in clearing 5 1/5 acres of land. It was commenced in the names of Chris Carcani and George H. Constantine who furnished the labor. M. F. Scott, to whom the claim was assigned, was later substituted as party plaintiff. In the declaration as amended there are two counts, the first upon an express contract to pay for the labor at the rate of $50 per acre and the second upon an account stated.

By admissions of the defendant and by undisputed evidence it is shown beyond any doubt that the defendant is a…