Legal Opinion

Marston v. Baerenklan

City of New York Municipal Court

Decided March 15, 1895Published

Appeal by plaintiff from judgment on verdict for defendant, and from order denying new trial.

1Opinion of the CourtVan Wyck, J.

The plaintiffs declared on a special contract to perform certain professional services as lawyers at an agreed price of $250, and the plaintiff, who alone conversed about the oral contract, testified unqualifiedly that the express agreement as to the price Was that it should be $250 for the designated services, and that defendant expressly agreed- to pay that sum for such services. This plaintiff was then asked, on his direct examination, by his own counsel: “ What, in your opinion, is a fair and reasonable price for the serv- . ices you rendered ? ” to which defendant objected, and his…

2Cases cited2 opinions

  1. Myers v. CohnNew York Court of Common Pleas · 1893
  2. Kuhn v. American Automatic Knife & Novelty Co.New York Court of Common Pleas · 1894

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