TOWNSEND, J.
1. Special ground 4 contends that the court erred in charging the jury as follows: "Where an oral contract to furnish labor and material for the improvement of real estate is entered into by two parties and a contract price is agreed upon but the time of payment of said contract price is not agreed upon, it is implied as a term of the contract that payment of the contract price be made upon the completion of the contract by the party furnishing the labor...
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