Cox v. Fielding

Suit, by appellees against appellant upon complaint with two counts; one for work and labor done, and the other on account. The pleadings were in short by consent, under the usual agreement to offer evidence as to any valid legal defense, and any matter that would avoid such defense.

The cause was tried by, the court, without a jury, upon evidence taken ore tenus, and judgment was rendered in favor of plaintiffs below, from which this appeal was taken.

The only question to be decided in this case is whether the contract between the parties, which was a verbal contract, was one of hire by…