Meza v. Pfister Co.
Meza v. Pfister Co.
Opinion of the Court
Plaintiff brought this action to recover the amount due on a contract for services rendered and engaged to be rendered as a singer, under a written contract. The term of the contract and plaintiff’s physicial ability to perform during a part of the time were submitted to the jury, among other questions, and resolved as questions of fact. A verdict which, under the instructions of the court, was, in effect, a holding that defendant had engaged plaintiff for a term of twelve weeks, and that plaintiff was at no time physically. unable to perform her part of the contract, was returned by the jury. Upon this verdict a judgment for $360 was entered. Upon motion for a new trial, this was reduced by the court to $£50, upon .condition that it be accepted by plaintiff or that she suffer a new trial. She accepted this condition, and defendant has appealed.
The only question for our consideration, then is, Did the court make a just calculation of the amount proper to be entered as the judgment? As the case comes to us, respondent was entitled to recover for twelve weeks at $40 per week, or $480. From this should be deducted three weeks’ salary, $120; the amount earned after her discharge and during the life of the contract, $75; in all $195; leaving a balance due of $295. It is complained that appellant is entitled to a further reduction in the sum of $120 for the time it alleges respondent was physically incapacitated. This issue was resolved against it by the jury. It is further insisted that it is entitled to a reduction in the sum of $29.35 and $11.15, fare and expenses going to and returning from Montana. These amounts were improperly submitted to the jury over the objection of appellant. But by reducing the verdict from
Reference
- Full Case Name
- Josephine Meza v. The Pfister Company
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- New Trial — Discretion—Remitting Excessive Verdict. It is discretionary for. the trial court to refuse a new trial on condition of remitting part of an excessive verdict, where ‘the correct recovery was capable of a mathematical calculation. Contracts — Breach—Employment-1—Measure of Damages. In an action for the breach of ■ a contract' to employ the plaintiff, the measure of damages is the agreed salary, less sums earned by the plaintiff during the term, where- the jury determined that the plaintiff was not incapacitated from performing.