Ferguson v. Hemingway

Hemingway sued Ferguson to recover the value of professional services as counsellor at law. There was no dispute that the services had been performed, but Ferguson relied upon an understanding that they were to be rendered for a certain fixed sum, while Hemingway claimed a much larger sum on a quantum meruit.

To prove the understanding relied upon, Ferguson called Charles Draper, Esq., who testified that at Ferguson’s request he wrote a letter to Hemingway stating Ferguson’s desire to employ him to perform the services specified, but that he could only pay forty dollars therefor. To meet this…