133 Wis. 119 | Wis. | 1907
The circumstances surrounding this claim are peculiar, and there is much force in the contention of appellants that the- facts and circumstances strongly indicate that the first finding of the referee, to the effect that the claimant had been paid for his services, was correct. However, the court below had the right to re-refer the case because of failure to find on material facts. Upon the second reference the referee found in favor of respondent, and the report was confirmed by the court, and the main question is whether there is sufficient competent evidence to support the findings. It is well settled that if there is sufficient com
It is contended by appellants that the claimant relies upon an express contract. This contention is not supported by the claim filed or by the findings. The claimant declares for-services performed at the special instance and request of deceased and with her knowledge, and that such services were-reasonably worth $3,900. This is a good claim on quantum meruit, and would be supported by proof of performance and value. Upon this claim all that was necessary for claimant, to prove in order to make out a pmma facie case was the performance of the services and their value. This he could' do by his own testimony, because the performance of the alleged services and their value did not involve a transaction personally with the deceased, within the meaning of sec. 4069, Stats. (1898). Besides, there is evidence in the record by witnesses other than the claimant of the performance of' the services and their value. So upon this proposition the-findings are well supported by competent evidence.
The performance of the services and their value being established by competent and sufficient evidence, the next question is whether they had been paid for. Upon this proposition the burden of proof was upon the appellants, who en
We think tbe judgment of tbe court below should not be • disturbed.
By the Court. — Tbe judgment of the court below is affirmed.