Stout v. Smith

In his first assignment of error, defendant contends that the court erred in charging the jury on the measure of damages where a contract does not specify the compensation for the services to be rendered under the contract; also, that the court erred in failing to charge the jury on the proper measure of damages.

Among the challenged portions of the court’s charge are the following:

“* * * But, where a person performs services for another at his request and to be paid for it And WheRE The Amount Has Not BeeN ExpRessly Agreed Upon, then the law would say that there would be an obligation to pay…