Link v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sanh County. The action is for the reasonable value of services performed by respondent as inspector of watches for appellant at Baraboo, Wis., from July 21, 1888, to August 1, 1889. On the trial it appeared that the appellant, on the 21st of July, 1888, by a written communication, appointed the respondent inspector and examiner of watches at Baraboo, subject to certain conditions, which conditions were, substantially ; (1) that he should…
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APPEAL from the Circuit Court for Sanh County. The action is for the reasonable value of services performed by respondent as inspector of watches for appellant at Baraboo, Wis., from July 21, 1888, to August 1, 1889. On the trial it appeared that the appellant, on the 21st of July, 1888, by a written communication, appointed the respondent inspector and examiner of watches at Baraboo, subject to certain conditions, which conditions were, substantially ; (1) that he should examine all watches presented to him accompanied with a written request from appellant’s superintendent, and forward to…
1Opinion of the Court
Winslow, J".
We think the circuit judge was right in granting a -new trial. The principle' is elementary that where one requests another to perform services for him, and no provision is made for compensation, the law implies a promise to pay what they are reasonably worth. The fact that the request was in "writing can make no difference with the rule. Appellant claims that, because the written request provides for compensation for one particular class of services to be paid by the employee, there can be no implication of payment for the other services. We think otherwise. The services which…
2Cases cited1 opinion
- Kelly v. HoughtonWisconsin Supreme Court · 1884
3Cited by6 opinions
- Wojahn v. National Union Bank of OshkoshWisconsin Supreme Court · 1911
- Theuerkauf v. SuttonWisconsin Supreme Court · 1981
- Fieldhouse Landscape, Inc. v. GentileWisconsin Supreme Court · 1961
- Davis v. Cleveland, C., C. & St. L. R.U.S. Circuit Court for the District of Northern Iowa · 1906
- Gugel v. OlinWisconsin Supreme Court · 1919
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