42 Minn. 6 | Minn. | 1889
This was an action to recover on the quantum meruit for some seven months’ services as a farm laborer, rendered by plaintiff for defendant. The defence was that the services were rendered under a contract by which plaintiff agreed to work for one year at a fixed gross price, agreed by defendant to be paid therefor at the end of the year, and that the plaintiff, without just
Under the rule, so many times affirmed in this court, — that we will not reverse an order granting a new trial on that ground, unless the evidence is manifestly and palpably in favor of the verdict, — we cannot disturb this order, unless the evidence was manifestly and palpably in favor of some theory as to the facts that would entitle plaintiff to recover. We do not find any such preponderance in plaintiff’s favor. The evidence upon the allegations that the agreement, not to be performed within a year, was made as defendant alleges; that the work was done under it;. that the defendant was ready to abide by it on his part; and that plaintiff quit work without cause, — was not so strongly against them that we could, under the rule referred to, reverse an order setting aside a verdict in the negative upon them, provided a finding the other way would prevent a recovery by the plaintiff; and that presents the only question of law in the case.
Oral contracts of this description are not wholly void. No action, it is true, can be maintained to enforce them. So far, however, as the parties have voluntarily acted under and performed them, they are to be taken as defining and measuring the rights of the parties. This was held in La Du-King Mfg. Co. v. La Du, 36 Minn. 473, (31 N. W. Rep. 938.) The proposition that, though not actionable, they are to be regarded as in force to define the fights of the parties with respect to what they do under them, disposes, if logically followed, of the claim of one who, under an agreement for services, within the statute of frauds, renders part of the services, and without cause refuses to complete them. If, by the terms of the agreement,