An action on the common counts for labor and services and for money expended, when the specification contains several items of account, may be referred to an auditor; and the auditor's report is evidence on a trial by jury.
The reasonable value of labor and services performed and support furnished, under a parol agreement to convey land in payment for the services and support which had failed, may be recovered in assumpsit.
ALLEN, J.
The items of the specification made an investigation of accounts necessary. The action was properly sent to an auditor, and the auditor's report was evidence for a jury. Doyle v. Doyle, 56 N.H. 567.
No action at law could be maintained on the special contract to convey land, which was not in writing and was within the statute of frauds; but the plaintiff was entitled to recover for the money expended, and what the labor and services performed under the contract were reasonably worth. Ham v. Goodrich, 37 N.H. 185.
Judgment on the verdict.
SMITH, J., did not sit: the others concurred.