Jackson v. Ferguson

The judgment of the court was pronounced by

SiiiDEii,, J.*

The judge of the Commercial Court, in our opinion,’took a *724practical and just view of the rights of these parties. The contract as originally made, w,as .a hard .one. The plaintiffs paid for the services rendered by the defendant not according to the contract, but a.t a higher rate, which was not ,an .Rnfiiir one. The judge below was of opinion that, under the testimony in the cause, these payments coifld not be considered as having been made in .error; and in .this view we concur. Civil Code, arts. 228.0, 2281.

It is said that, even if…