Spivey

Plaintiff brought this action to recover damages for alleged breaches of an oral contract. The complaint alleges that on or about July 1, 1956, the parties *116 entered into an oral agreement by the terms of which defendant promised (1) to buy plaintiff’s wood-processing equipment for the sum of $3,000 payable at the rate of $25 per week; and (2) to employ plaintiff at a wage of $125 per week “for a minimum period of time equal to the weekly payments by defendant on the purchase of plaintiff’s equipment, or for a total period of time of one hundred twenty (120) weeks.”

The complaint further alleges that the said oral contract was “confirmed” by defendant in a certain writing dated August 29, 1956, a copy of which was appended as an exhibit to the complaint and which is set out in full in the margin. 1 By its answer defendant denied that plaintiff was employed for any specific period of time and alleged, among other things, that plaintiff had failed and refused to deliver the equipment as agreed.

Plaintiff’s evidence tended to establish that he had in fact delivered the equipment; that he had received a total of $1,625 on account of the purchase price, leaving a balance of $1,375…