Majority
Headnote
Appeal from judgment in favor of plaintiff, entered on verdict.This action is one to recover the value of the plaintiff’s services as an accountant. The sum demanded therefor in the complaint is $250. The answer admits the employment and admits the value to no greater extent than fifty-six dollars. This difference was lessened on the trial by the evidence, which tended to show that the services were only ninety hours, all rendered during some seven or eight days, and that the defendants were willing to pay twenty-five dollars per day. The value of the services was proven to be much greater than the sum claimed in the complaint. There was proof given by the defendants tending to show that the employment was agreed upon at the sum of eight dollars a day; but this was denied by the plaintiff.
The verdict of the jury on such a condition of the evidence must be held final upon the questions between the parties.
The witness Silden was an expert witness; he had been in the habit of employing accountants and knew what their usual charge was.
The judgment should therefore be affirmed, with costs.
Dykman and Pratt, JJ., concur.