65 Mo. 17 | Mo. | 1877
This suit was brought by John A. Crawford, now deceased, in the Probate and Common Pleas Court of Green County against the defendants composing the firm of Walker & Bentley. The plaintiff in his petition alleges, that he performed services for the defendants as clerk and book-keeper for about fifteen months, and that they were reasonably worth $60 per month, and that there was a balance of $830 still due and unpaid. The answer denies the indebtedness, .admits that plaintiff remained in the store of defendants the length of time charged in the petition, and alleges that it was understood and agreed that he was to charge nothing for what he did ; denies that his services were worth sixty dollars per month, and alleges that he was boarded by one of the defendants, and that his board was worth more than his services, and and that plaintiff' accepted $67, the amount of his account, in full satisfaction and settlement of all claims against defendants for services. The allegations of the answer were denied by replication, and on a trial plaintiff obtained verdict and judgment for $356.93, from which defendant has appealed to this Court.
I. We are asked to review the case because of alleged error committed by the Court in giving instruction No. 2 for Pontiff and refusing to give Nos. 1, 2, 3 an(;l 4 on behalf of defendant. The instructions are as follows : No. 2. “ If the jury find from the evidence that Walker told the plaintiff to go to work and take charge of the books in defendants’ store in the months of February, March, April or May, 1872, and that plaintiff did go to work and take charge of the books, and the defendants or either of them stood by and saw plaintiff do said work and .services, then the defendants are bound to pay plaintiff what his services are reasonably worth, and the jury will find for plaintiff that amount, unless defendants have shown to the satisfaction of the .jury that they have paid or satisfied plaintiff for such services.” The following instructions were refused: 1. “That al
II. It was set up as a substantive defence on the part of defendant, that it was understood and agreed that plaintiff' was to charge nothing for his services during the time he remained in defendant’s store, and, evidence having been given tending to show that fact, if the cause had gone to the jury upon the above instruction without some declaration of law having been given equivalent to those contained in the refused instructions the judgment would not be permitted to stand. This however was not the case, for on behalf of the defence the Court gave the following declarations embodying fully this branch of the defence relied upon :
3. While a firm may be liable for work done for them without an express contract which they saw and knew of, still they are not liable if the work was done under circumstances justifying their belief, that no charge was intended.
Affirmed.