Kirkpatrick Et Al. v. Jackson Et Al‪.‬

Action in ejectment begun August 3, 1948, by Frank and Elisabeth Kirkpatrick against Arthur and Anna Jackson to recover possession of certain property and for damages. Defendant, Arthur Jackson, pleaded a counterclaim asking damages for breach of contract. From a judgment entered February 23, 1949, for $4838.30 and costs in favor of the defendant on his counterclaim, plaintiffs appeal. Plaintiffs, Frank Kirkpatrick and his wife, Elisabeth, own a farm in Ozaukee county. When they purchased it in 1946, the farm was in a run-down condition, and Kirkpatrick was interested in getting someone to rehabilitate it. He made arrangements with defendant, Arthur Jackson, to move on the farm and do some work on it. Since Jackson had a large family, he agreed to employ Jackson as a carpenter in his construction business at least some of the time. The agreement was not written and there is a dispute as to its terms. Kirkpatrick claims that the contract was for an indefinite period and terminable at the will of either party. Jackson claims that the term of service was a period of two or, more probably, three years.