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1 James I. Murray, Respondent, against Luther Roper, Appellant 1882

handle is hein.trials/abib0001 and id is 1 raw text is: JAMES I. MURRAY, Respondent, ) ag'stt Appellant's Points. LUTHER ROPER, Appellant. STATEMENT. This is an appeal trom ajudgment entered upon the report of a referee. The action was brought in the Toilip)lins County Court. The plaintiff claimed the right to recover upon a quantum rneruit for work and labor performed by him for the defendant. Fol. 115. The answer sets up: 1st, A general denial. 2d, That whatever work was performed by the plaintiff was done under a special contract, which the plaintiff had broken, to the damage of defendant. 3d, Payment; and 4th, Set-off. Fol. 118. The plaintiff replied by a denial of the set-off. Fol. 122. The pleadings were not verified. That the labor in question was performed under a special contract by which the plaintiff engaged to work for the defendant one year at a stipulated price per month is swo.n to by both plaintiff and defendant, and is not disputed. But the plaintiff claims that the con- tract was void by reason of the statute of frauds, be- cause not to be performed within one year; and the ref- eree so held and decided, and gave judgment upon a

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