133 Iowa 518 | Iowa | 1906
In an action pending in the Circuit Court of the "United States for the Northern District of
At a prior term of this court an opinión was handed down sustaining the appeal and ordering a new trial; but, a petition for rehearing having been granted, the opinion has been withdrawn and the case resubmitted upon further argument. It is the claim of the plaintiff, and there was evidence tending to show, that she was employed with understanding that the legal fee or compensation for taking depositions in the federal court was twenty cents per folio; and that, after this understanding had been reached, the defendant’s counsel. suggested his desire for a copy of a part of the testimony, saying that the job was a large one, and that no additional charge ought to be made for the copy. To this suggestion plaintiff says she assented on the basis of the agreement that she was to receive twenty cents per folio for the depositions. It is the defendant’s contention that plaintiff agreed to take the depositions at ten cents per folio, or the legal fee if more, and to furnish the desired copy without extra charge. As it turned out the legal fee for taking depositions as fixed by the federal court was found to be ten cents per folio.
The pleadings appear to be broad enough to permit the plaintiff to recover upon a quantum meruit if the evidence
It has frequently been held that, even where an express contract or an express request for the performance of service is established, but. the evidence fails to show an agreement as to the price or wage to be paid, a recovery may be had for the reasonable value. Allison v. Parkinson, 108 Iowa, 154; Farrell v. Dooley, 17 Ill. App. 66; Naughton v. Sioux Falls, 3 S. D. 90 (52 N. W. 324). In Lanins v. Woods, 4 Ky. Law. Rep. 365, the rule is approved that, where work has been done under a mutual mistake between employer and employé, each supposing there was a contract between them fixing the price, when in fact, by reason of a failure of their minds to meet upon the same proposition, there was no contract, the employe is entitled to recover the reasonable value of his services. See, also, Prince v. McRae, 84 N. C. 674; Packard v. Reynolds, 100 Mass. 153; Rowland v. R. R., 61 Conn. 103 (23 Atl. 755, 29 Am. St. Rep, 175).
The important question raised by the appeal is one of fact, and having determined that the testimony presented a case for the jury, there is little more to be said. We think the verdict should stand subject to the slight modification above mentioned.
The judgment appealed from, as thus modified, is therefore affirmed.