Perry & Buckley Co. v. Eastman Co.
Perry & Buckley Co. v. Eastman Co.
Opinion of the Court
This is a suit on a quantum meruit for the sum of $485.08, alleged to be due under a verbal contract for certain printing work. Defendant admitted owing three items of $43.05 which were deposited in the registry of the court, but contested the balance of the claim on the ground that certain charges were exorbitant and exceeded a fair and reasonable charge for the work and that the plaintiff was not entitled to charge 10 per cent commission on other items.
There was judgment in favor of plaintiff for the full amount and the defendant has appealed.
The record shows that the plaintiff has been in business in this city for about twenty-three years and that the defendant has patronized the plaintiff for a period of about twenty years. The defendant desired to have certain printing work done and by a verbal contract, engaged plaintiff without agreeing upon any price for the work. The plaintiff charged $53.20 for printing 250 typewriter letterheads and $187.75 for printing one thousand circulars.
Defendant admitted that plaintiff performed the work but proved by the representatives of three other reputable printing houses that these contested items could be done for very much less than the plaintiff charged. From this evidence it is conclusive that1 the charge made by the plaintiff for these two items is excessive. We have concluded that a fair charge would be $32.50 for the letterheads and $90 for the circulars.
We find the plaintiff is entitled to recover $43.05 admitted to be due by the defendant, $32.50 for letterheads, $90 for circulars and $156.65 paid to Grelle-Egerton Company for the plates, or a total of $322.20.
It is, therefore, ordered, adjudged and decreed that the judgment appealed from be and it is amended so as to reduce the amount allowed plaintiff to $322.20 with legal interest from judicial demand until paid and as thus amended, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.