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This section contains the nature of the case and procedural background.

P was hired to work on D's farm for one year for a stipulated sum. P quit his employment without reason before the year was over without D's consent. P then sued for the services he had rendered, arguing that because D had already paid part of the amount owed, he could sue for the services performed. D objected to a jury instruction that allowed P to recover if the sum owed to him exceeded the amount by which D was damaged by P's desertion. The lower court found for P. D appealed.

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