Cook v. Smith
Supreme Court of Iowa
Appeal from Pottawatta/mie Gircidi Ooivrt. The plaintiff in his petition sought to recover for work and labor performed for the defendants, upon a contract that his compensation should be one hundred and fifty dollars per month.
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Appeal from Pottawatta/mie Gircidi Ooivrt. The plaintiff in his petition sought to recover for work and labor performed for the defendants, upon a contract that his compensation should be one hundred and fifty dollars per month. The answer denied the allegations of the petition, and also stated that the work and labor were performed under a verbal contract, by the terms of which the plaintiff was to receive a certain stated commission on the value of the work, in full cohapensation for his services. The allegations of the answer were denied. Trial by jury, verdict and judgment for the…
1Opinion of the CourtSeevers, J.
i. pleading: contract.' I. The defendants ashed the court to instruct the jury that the plaintiff must recover on the contract alleged in the petition, and that it was wholly immaterial whether the defendants were indebted to him on some other contract or transaction. This was refused, and the jury instructed that the plaintiff could recover on the contract set up in the answer. The well settled rule is that the plaintiff must recover, if at all, on the allegations of his petition, and if he alleges a special contract he cannot prove the value of his services and recover as if the action had…
2Cases cited2 opinions
- Curley v. DeanSupreme Court of Connecticut · 1822
- Weaver v. CooledgeSupreme Court of Iowa · 1863
3Cited by10 opinions
- Smurr v. StateIndiana Supreme Court · 1886
- Jones v. McClaughrySupreme Court of Iowa · 1915
- Stirling v. WagnerWyoming Supreme Court · 1892
- Cook v. SmithSupreme Court of Iowa · 1882
- State v. Van AukenSupreme Court of Iowa · 1896
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