Ransom-Ellis Co. v. Eppelsheimer

— The trial court rejected plaintiff’s offer of evidence of the reasonable value of the services alleged, and refused to submit to the jury plaintiff’s claim on quantum meruit, for the reason that plaintiff also pleaded and introduced evidence tending to establish an .express contract. These, in substance, are the ladings complained of.

Plaintiff pleaded in one count a cause of action on an express agreement to pay a commission of 5 per cent, and in another count, a cause of action on an employment not stated to be for a stipulated commission, but claiming- reasonable value of the services…