31 Iowa 545 | Iowa | 1871
The court found against the plaintiff on all the charges of his account except the item of $150 for taking care of deceased for seventy-five days. The evidence fully shows that this service was performed by the plaintiff for deceased, and this is admitted by the defense, but it is insisted that the evidence shows there was no intention on the part of plaintiff to charge the deceased for this service, and that therefore no recovery can legally be had therefor. If a party agrees to perform services for another without compensation therefor he cannot recover pay. 2 Parsons on Contracts (5th ed.), 54. On the other hand, where one performs services for another at his request, or with his consent, without any agreement or understanding as to wages or remuneration, the law implies a promise to pay the reasonable value of the services, and the same may be recovered under a quamtum meruit. 3 Blackstone’s Commentaries, 161, 162; 2 Parsons on Contracts, 54, 55, and cases cited in notes.
In the case before us the evidence fails to establish an express agreement as to what compensation plaintiff was to receive, and in our opinion it also fails to establish an
Affirmed.