Harrison Construction Co. v. Nissen

Plaintiffs in error, who were the unsuccessful plaintiffs in the trial court, brought suit under an oral contract for leveling defendants land. They had done some leveling for defendant in 1944 under an earlier oral contract and were paid therefor at the rate of eleven dollars per hour per unit of machinery used. The undisputed evidence is that the 1945 operations, which are the subject matter of this suit, arose out of a conference between plaintiffs and defendant held at the Walsh Hotel in Alamosa on March 20, 1945, in which it was agreed that plaintiffs should do leveling of additional land belonging to defendant. At that time they had most of their land leveling units engaged in other operations, but they agreed to furnish one unit and start leveling a certain part of defendants land immediately at the rate of twelve dollars per hour. This particular phase was completed and it is agreed that for this part of the 1945 operations plaintiffs are entitled to $978.00 and the court so stated in its instructions.