Curtis v. Wilkins

-Plaintiff sought judgment against the defendant claiming the sum of $357 was due him for digging a well. The case was tried to the court, neither party having asked for a jury. Plaintiff’s petition was in two counts. In the first one it was alleged there was an express contract for digging a well 102 feet deep, and in which the sum of $357 was claimed. Count two of plaintiff’s petition alleged the plaintiff performed services at defendant’s request which were reasonably worth the sum of $357. At the conclusion of plaintiff’s evidence the defendant made a motion to dismiss count two of…