Champagne

This is an action by plaintiff for an accounting and division of profits based upon an oral contract relative to the development of a tract of land embracing 52y2 acres. The trial court denied the plaintiff an accounting ; held that the agreement sued upon being in the nature of employment, the defendant T. B. Passons had a right to discharge the plaintiff at pleasure; and awarded judgment to the plaintiff for wages calculated on the basis of five dollars per day.

From this judgment the plaintiff appeals.

(During the course of this opinion the word “defendant” will be used as referring to T. B. Passons alone, unless otherwise stated.)

The record shows that on or about the month of January, 1922, the defendant entered into an agreement of purchase for the tract of land involved in this action, the purchase price being fixed at $25,000. After this agreement was entered into litigation arose, and for a period of about one year it appeared doubtful that title to the property could be secured. During this period the land was damaged to a considerable extent by flood waters, and the probability of developing the property so as to make it productive of any profitable income appeared…