(2) Even though the defendant's witnesses Trowbridge, Janssen and Miles testified, without direct contradiction on the plaintiff's part, that Janssen was operating the mine on August 17, 1920, under the alleged contract purporting to be dated July 7, 1919, nevertheless the plaintiff did not admit such to be the fact and did not admit the existence of the alleged contract. It was, therefore, a question of fact for the jury whether such alleged contract was in existence on August 17, 1920, and whether or not Janssen was operating the mine at such time thereunder. Gannon v. Gas Co., 145 Mo. 519; Hunter v. Pryor, 292 S.W. 1062; Barz v. Yeast Co., 271 S.W. 361; McCray Lumber Co. v. Standard Cons. Co., 285 S.W. 107; Ford v. Roofing Products Co., 285 S.W. 541; Allen v. Fidelity Ins. Co., 285 S.W. 765. (3) To be an independent contractor the person who attempts to contract as such must be competent and fit.