14 Minn. 516 | Minn. | 1869
By the Court
It appears that by consent of parties this cause was referred to Stanford Newel, Esq., to hear and determine the issues and report a judgment. 'Whatever there might be in the objections taken before the reference was ordered, on the ground that the case was not properly upon the calendar, or because a continuance was refused by the court, was in our opinion waived by the consent to the reference. The application made to the referee for a continuance, was made after the plaintiff had closed the testimony and rested the case on his part, and was addressed to the referee’s discretion. We discover nothing which would justify us in determining that the referee erred in the exercise of his discretion, or that the continuance was under all the circumstances improperly refused.
This action was brought to recover compensation for ser
The complaint contains no specific description of these services, and the value of the same, and the amount of moneys expended are alleged in one gross sum, but the defects of the complaint in these respects should have been taken advantage of upon motion to make it more definite, and not as was attempted to be done in this instance, upon objection to the introduction of evidence tending to show the nature and value of the services rendered.
As to the testimony introduced for the purpose of showing the value of the plaintiff’s services, we think it was competent, though some of it would appear to possess little weight. Both Gilman and Brisbin, as members of the bar in active and extensive practice, were qualified to testify to the value of professional services of the general nature of those rendered by the plaintiff. There are many exceptions to the general rule, that the opinions of witnesses are not evidence. Such an exception must be admitted where services which have no established or (so to speak) market price.have been performed, and proof is required as to then-vaine. The question is one upon which from the nature of the case it is not practicable to furnish more definite evidence than the' opinions of witnesses who show themselves qualified to form well grounded estimates of such value by their familiarity with the department of business in which such services have been rendered. Services performed by members of the legal profession in conducting litigation fall, we think, within this principle. There is no fixed standard by which their value can be determined; their value and reasonable price vary with the magnitude and importance of the particular case, the degree of responsibility attaching to
It appeared from the cross-examination of the plaintiff, who took the stand for himself, that he had prior to the commencement of this suit presented to the defendant a bill for the services for which he. now' seeks to recover, and that this bill was some H300 less ..than the amount claimed in-the present action.- As the bill presented was not paid, or agreed upon as correct, we do not think it was conclusive as to the price of the services.
The presenting of the bill was a proposition to receive the amount of it in discharge of the debt, and furnished some
Order affirmed.