116 Iowa 61 | Iowa | 1902
Plaintiff claims in his petition that on August 20, 1898, defendant, by oral contract, employed him (plaintiff) as a general salesman, for the term, of one year, at the agreed compensation of $60 per month; that he immediately entered into defendant’s service and continued therein for the term of Í0 months and 11 days; that defendant has paid him the sum of $391; and that there yet remains due the sum of $233. Defendant’s answer, as we have seen, was a general denial, and a plea of payment.
The instructions ignored the statute of frauds, and of this complaint is made. We have, as we think, sufficiently •answered this proposition.
Complaint is also, made of the instructions because it is :Said they permit plaintiff to recover for time when he did not work. This, also, is a mistake. In the instructions with reference to the measure of recovery, nothing was assumed with reference to the time plaintiff worked. That question was properly left to the jury.
There is no error in the record, and the judgment is -AEEIRMED.