Mohawk Dress Co. v. Michaelis
Mohawk Dress Co. v. Michaelis
Opinion of the Court
The parties entered into a contract for the display and sale of plaintiff’s products in defendant’s store, plaintiff to have certain specified space in the show window. There was no stipulation as to who was to arrange plaintiff’s goods in the .window, or in trade language, "dress” it. At first, plaintiff attended to this through an agent, then requested defendant to do it, and on the trial the meritorious questions involved were whether defendant was entitled to pay for dressing the window, and if so, to how much. Defendant had retained $25 per week on this account, and it was for the aggregate S0‘ retained that the suit was brought.
The trial court held, and as we think correctly, that defendant was not required to perform this service gratis; and in dealing with the quantum meruit feature, held that although the only testimony of the fair value of the service was that of defendant himself, viz., that such fair value was $25 per week, refused to award that amount and awarded $5 per week instead. This is the basis of the appeal.
We are unable to see that there was legal error in the court’s refusal to accept the defendant’s opinion evidence of value as binding on it. As the court notes in the state of the case, defendant, though testifying to his experience as a
The judgment will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.