Jessee v. Smith

Carl Jessee instituted this action against Dana Smith, seeking $2,673.26 for labor performed pursuant to an oral contract. The trial court sustained Smith’s motion to strike Jessee’s evidence of the contract on the grounds that there had been no meeting of the minds concerning the price for the labor involved and that the price Jessee claimed was “exorbitant” and, hence, contrary to public policy. The court, however, submitted the case to the jury on the basis of quantum meruit, and the jury returned a verdict for Jessee in the amount of $840.00. On appeal, Jessee challenges the trial court’s…