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Masonite (D) and Dobson (P) made an oral agreement in March 1963, for P to clear D's land of unwanted timber. P was to sell the timber at market value, and P was to initially pay D $12.00 per 1,000 log feet, and then $10.00 per 1,000 log feet to compensate P for his work. P performed for nine months. D unilaterally terminated the contract in December. P had made $9,383.02 by that time. P sued to recover the net profits he would have made if he had been able to complete the contract. Both parties disagreed about the meaning of the terms of the contract. P contended that the contract was for services. D contended that the contract was for the sale of standing timber, unenforceable under the Statute of Frauds. P claimed it was for services and not governed by the statute. D moved for a directed verdict and was denied. Special interrogatories were submitted to the jury: (1) Was the contract for services or the sale of timber? (2) Was it possible to complete the agreement within the time allotted under the Statute of Frauds? The jury found for P on both questions and awarded him $26,500. D moved for a judgment n.o.v. It was granted. P appealed.

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