Switzer

This appeal is from a judgment upon demurrer, plaintiff declining to amend.

The action is to recover value of services for harvesting a crop of grain; and it is averred that defendant owned the land upon which the grain was raised, and had leased it to one Traver, who cultivated and put in the grain; that defendant owned an interest in the crop.

The complaint then proceeds as follows: “That on or about the ninth day of June, 1889, said A. Traver spoke to this plaintiff about heading said crop of grain, and plaintiff, being unacquainted with said Traver, and not knowing anything about his financial standing, wrote to said defendant, in effect, that said Traver desired this plaintiff to head said crop of grain, and inquiring of defendant as to whether he, plaintiff, would be paid for his work if he cut said grain, and thereupon, in due course of mail, plaintiff received an answer from defendant, of which the following is a true copy:—-

It is also charged that the labor was reasonably worth the sum of $900, $250 of which was paid by defendant, leaving still unpaid $650; that Traver was at the time, and ever since has been, wholly insolvent.

The demurrer is general, on the ground…