78 Iowa 14 | Iowa | 1889
Lead Opinion
The evidence shows that William M. Stone was employed by the county attorney of -defendant, with the approval of the district court, to aid in the prosecution of a person who had been indicted, and was tried, for the crime of murder in the first degree;. that said Stone rendered fifteen days’ services in the case, of the reasonable value of not less than twenty dollars per day; that he presented a bill for the services so rendered in the sum of three hundred dollars to. the board of supervisors of defendant, and demanded payment thereof; that said board allowed as full payment of the-bill the sum of sixty dollars. The verdict and judgment were for the sum of two hundred and twenty-five dollars, besides interest and costs.
It is true that plaintiffs do not seek to recover on the agreement, and. that they do seek to recover the value of all the services rendered ; but that the services rendered during the time fixed by the agreement, and by virtue of it, were worth at least as much as the agreed price, is not controverted by evidence, and is fully proven. The defendant could not have been prejudiced, therefore, by the fact that the court limited plaintiffs’ recovery to the agreed price of the services contemplated by the agreement, and to the reasonable value of all other services.
We conclude that the district court committed no error of which the appellant can justly complain. Its judgment is therefore Affirmed.
Dissenting Opinion
(dissenting). — While entirely satisfied that no more than a reasonable compensation has