Opinion
Gen. No. 9,179. (Abstract of Decision.)
Opinion filed January 15, 1940.
MASTER AND SERVANT, § 55 — action for wages, pleading. In action for services rendered by crane operator in coal mine, where complaint charged express contract as to wages, but evidence showed that no express provision was made as to wages but plaintiff was helping sink the shaft and was to take his pay in stock so that he would have a job when the mine started operating, there was no express agreement as to wages, and plaintiff could not recover on implied contract because he had not pleaded it.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Logan county; Hon. HORACE H. BAKER, presiding. Reversed and remanded. Heard in this court at April term, 1939; opinion filed January 15, 1940.
William S. Ellis and Trapp Trapp, for appellant; Edwin C. Mills, for appellee.
"Not to be published in full."