Ertsgaard v. Bowen

On quantum meruit, plaintiff, an attorney at law, had a verdict for $75 for professional services rendered defendant. Defendant appeals from the order denying his motion for a new trial.

One error assigned requires a reversal. Defendant claimed that the services were rendered upon the understanding that plaintiff would make no charge therefor. Over the objection and exception of defendant the jury was instructed that the burden was upon him to prove that the services were rendered gratuitously. That was wrong. Plaintiff relies upon an actual contract, albeit one expressed by the actions of the…