51st judicial district, specially presiding, The plaintiff, M. R. Franke, for twenty-one years prior to 1922 hadl
When the contract with the Mark Construction Company was let, the plaintiff said to the defendant that she did not see how she could serve- him advantageously from that time on, and from that date forward she rendered no additional services to the defendant.
On May 16, 1922, $500 was paid to the plaintiff by the defendant on account of the services rendered. The contract between the plaintiff and the defendant being conditioned upon their being able to construct the building through subcontractors — which condition was not carried out — the plaintiff’s claim was necessarily based on the value of the services actually rendered.
The jury, after consideration of the whole matter, awarded her a verdict of $5270.
During the course of the trial the court allowed: the plaintiff to testify as to the worth of her services and refused to allow a witness to testify as to the value of the plaintiff’s services, on the ground that he had not made himself a
Exceptions were taken by the defendant to the above ruling of the court, and, after the verdict, these rulings were assigned as error and as reasons in support of a motion for a new trial on behalf of the defendant. Another reason urged in support of said motion was that the verdict was grossly excessive.
After a careful review of the questions raised by the above exceptions, we are not convinced that the court was in error in either receiving the testimony of the plaintiff (Wigmore on Evidence, § 715; Parmalee v. Wigent’s Estate, 155 N. W. Repr. 577; Mercer v. Vose, 67 N. Y. 56) or rejecting that of the defendant’s witness, Lewis.
The only remaining question is whether or not the verdict was excessive. To the work done for defendant the plaintiff gave practically her whole time during a period of five or six weeks. The plaintiff is neither a professional engineer nor an architect, and the alleged amount saved in the cost of construction of the building, credit for which is claimed by the plaintiff, amounting to $50,000, was not all due to the single suggestion of the plaintiff, as will clearly appear from the evidence. This saving was caused almost entirely by the substitution of cheaper materials for more expensive ones. For these five weeks of work we are of the opinion that a verdict of $5270 is grossly excessive, and that a recovery of not more than $2500 would liberally compensate the plaintiff for the services rendered by her.
Being of this opinion, we, therefore, conclude that unless the amount of the verdict in excess of the sum of $2500 is remitted by the plaintiff, the motion of the defendant for a new trial must be granted.
