Forrest G. Fair (defendant) appeals an adverse judgment in an action for breach of an oral contract of employment with the plaintiff. The defendant raises five alleged errors on the part of the trial court. * We find these allegations to be groundless and affirm.
Taking the evidence in the light most favorable to the plaintiff as the prevailing party, as we must, the facts are as follows. Joyce Cliche, plaintiff, worked as a general housekeeper for her uncle, Forrest Fair, defendant, for the period .from June 1, 1976, to August 10, 1980. Plaintiff alleges that she undertook this work on the basis of the defendant’s oral promise to name her as a joint tenant, with him, with full right of survivorship, in a new deed of the defendant’s homestead. On August 10, 1980, the defendant refused the plaintiff’s request to make arrangements to name her such joint tenant, and the plaintiff thereafter ceased her work for him and instituted this action on November 10, 1980. Subsequently, the defendant sold his homestead for a price of $25,000 to another party, while reserving a life estate to himself.
The case was tried before the Washington Superior Court on June 8, 1982. As the defendant was unable to appear in court on that date, the defendant was granted permission to file a deposition within ten days. No such, deposition was.filed, and the court filed its findings of fact and conclusions of law on *261 August 31, 1982; Prior to an entry of judgment, the defendant moved.for relief from judgment and for a new trial. The court allowed the case to be reopened for the sole purpose of admitting the defendant’s testimony by deposition. At hearings held on October 14 and 20, 1982, the court denied the defendant’s request to permit additional witnesses to testify on the merits of the case. The court filed amended findings of fact, conclusions of law and order on. November 15, 1982, and entered its final judgment order on December 2, 1982.
. The defendant’s first claim of error is that the trial judge abused his discretion in. denying the defendant’s motion to permit the introduction of the testimony of three witnesses who were not present, at the court’s hearing on June 8, 1982. As admitted in the defendant’s brief, the exercise of a trial judge’s control over the order of evidence presented is a matter for the discretion of the trial judge. See
Childrens’ Home,
Inc. v.
State Highway Board,
• Discretionary rulings are not subject to review if there is a reasonable basis for the court’s action. The burden of proof is on the party alleging the abuse. To support a .claim of error there must be a showing that the court failed to exercise its discretion, or exercised it for reasons clearly untenable or to an extent clearly unreasonable.
State
v.
Savo,
His second claim of error is that the trial court should have granted his motion requesting the presiding judge to disqualify himself from further proceedings in the case. “ ‘In order to maintain a colorable claim of judicial disqualification against the presiding judge, defendant must affirma
*262
tively show bias or prejudice directed against him.’ ”
State
v.
Ahearn,
His third claim of error is that the trial court did not consider his defense that the alleged oral contract did not comport with the Statute of Frauds, 12 V.S.A. § 181. We note that the trial court, in its amended conclusions of law, determined that the basis for the plaintiff’s recovery was in quantum meruit, rather than for breach of an express oral contract. In such an instance, the Statute of Frauds does not apply. See, e.g.,
D’Ambrosio
v.
Rizzo,
The defendant’s fourth claim of error is that the trial court’s findings of fact, conclusions of law and judgment *263 were not based upon credible evidence. This Court has noted that:
findings of fact will not be set aside unless, taking the evidence in the light most favorable to the prevailing party and excluding the effects of modifying evidence, they are clearly erroneous. Further, where the evidence is in conflict, such findings will stand even if the evidence predominates against them; only where the contrary proof is so overwhelming that there is no reasonable basis upon which findings can stand will they be set aside.
Cliche
v.
Cliche,
The defendant’s fifth and last claim of error appears to be that the plaintiff was not entitled to receive damages until such time as the defendant died. While the grounds for this assertion are unclear because of the manner in which it was briefed, the claimed error appears to be based upon the contention that the plaintiff would not have been entitled to any remuneration for services rendered until the defendant’s death. This claim is clearly unfounded, given the facts of this case and the theory upon which it was tried. The trial court decided the present case on the theory of quantum meruit. The plaintiff was therefore entitled to recovery at such time as her services were rendered to the defendant.
This Court has held that
“
[o]n a claim for quantum meruit, plaintiff is entitled to recover the fair and reasonable value of his services.”
O’Bryan Construction Co.
v.
Boise Cascade Corp.,
Affirmed.
Notes
We note that, for three of the five issues raised on appeal, the defendant’s brief merely states generalized objections to the proceedings below, citing neither case, statute nor any other authority. This constitutes inadequate briefing under V.R.A.P. 28,
Allen
v.
Department of Employment Security,