Von Kaas v. Hamilton
Von Kaas v. Hamilton
Opinion of the Court
The complaint is for the value of the services of the plaintiff, employed as an expert book-keeper, for thirty-five days at $8.50 per day, and acknowledges the receipt of $100 in part payment. The answer is a general denial, and alleges that the payment of such $100 was full payment, and that that sum was all the plaintiff’s services were worth. The evidence was that the work the plaintiff was employed to do was that of an accountant to examine the defendants’ mercantile books of a year’s business of $140,000, to detect and correct mistakes therein, and find correct balances. The testimony of the plaintiff and his witnesses tended to prove that such services were those of an expert book-keeper and an accurate accountant, and were
The learned counsel of the appellants contend that there was no proof that the plaintiff was employed as an expert book-keeper, as alleged in the complaint, and was therefore not entitled to the compensation for such service. The word “ expert ” may not have been used when the plaintiff was thus employed, and probably was not, and would not be likely to be used in such a case. The plaintiff was employed to do that particular work, and the testimony in his behalf was that such services were those of an expert bookkeeper. If this testimony is true, was not the plaintiff employed as an expert? Erom the evidence on behalf of the plaintiff the jury must have found, and had a right to find, that the plaintiff was employed to do this particular work, and that such services were those of an expert bookkeeper, and reasonably worth much more than the services of a common book-keeper regularly employed, and might have properly found that they were worth $10 per day, and given the plaintiff a larger verdict.
As we understand the brief of the learned counsel of the appellants, only two exceptions to the exclusion of evidence are relied upon: (1) Sustaining objection to the question put to defendants’ witness Wright, as follows: “Is not every mercantile concern liable to get its books out of balance a few dollars ? ” (2) Rejecting a letter of the plaintiff .to the witness Wright, written before such employment, complaining of his poverty and want of employment, and
By the Oourt.— The judgment of the circuit court is affirmed.
Reference
- Full Case Name
- Von Kaas v. Hamilton and others
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- Published