McAuley v. Wells

Plaintiff sues for the agreed price and reasonable

value of services. At the close of the entire case the plaintiff had produced evidence showing an express promise on the part of defendant to pay a stipulated monthly salary. The defendant denied the agreement for a salary and testified to an express agreement to pay plaintiff and his assignor a share of the profits of the venture, and no salary. At that point plaintiff could have gone to the jury on a quantum meruit, and, under those circumstances, the jury could have considered the express promise as evidence of the value of plaintiff’s…