58 Iowa 549 | Iowa | 1882
I. The plaintiff seeks to recover for sixty-one days’ work, and declares therefor in two counts of his petition. In the first count he claims to recover the reasonable value of his labor, which he alleges to be $5 per day. In the second
The answer admits that plaintiff performed for defendant sixty-one days’ work at its mines in Mexico, and is entitled to recover reasonable compensation therefor, but denies the contract set up in the second count, and alleges that the reasonable value of the labor is seventy-five cents per day. It avers certain payments, and shows that $2.75 and no more, are due plaintiff, and a tender of that sum and costs is made.
The jury rendered a general verdict in the sum of $262, and specially found that plaintiff worked for defendant in Mexico sixty-one days, and that the reasonable value of the labor is $5 per day. It apjiears, therefore, that plaintiff is entitled to recover under the special findings, and the admissions of the1 answer upon the first count of the petition, and we will presume the general verdict was rendered thereon.
There was evidence tending to prove that certain officers of defendant and others, employed at the mines, were paid under special contracts, five dollars per day for their labor. One of the instructions requested on behalf of defendant, is to the effect that proof of such contracts would not establish the reasonable value of plaintiff’s labor. The instruction, we think, was properly refused. Plaintiff is entitled to recover the “ usual and customary price for the same class' and kind of labor ” performed at the mines. This is the rule of
III. Counsel for defendant think that the instruction given, which is above quoted, is inexplicit, in that it holds the reasonable value of plaintiff’s labor may be shown by the usual and customary price therefor. It is argued that'under this instruction, the jury were authorized to determine the value of the labor upon other evidence than that of the usual price. ' It surely cannot he claimed that other competent evidence of the reasonable value of the labor, could not have been considered by the jury. Yet this is the'real point of counsel’s objection to the instruction and the ground of their support of an instruction asked by defendant.
The judgment of the Circuit Court is
Affirmed.