MARTIN, Justice.
Appellee, William S. Davidson, sued appellant, J. W. Gooch, and pleaded that appellant had agreed by parole contract to pay him $10 per house of building a dam for appellant by the use of a dozer and or scraper and that he performed 323½ hours work under the contract. An item of $53 for labor due was not contested. Joel M. Gooch joined in on a cross action for damages but failed to prove any damage and this issue was not submitted to the jury...
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