Beldner v. Schendler Realty Co.

The judgment should be reversed. Whether or not a verdict for the reasonable value of services rendered may be permitted, where both parties plead and prove that they were rendered under an express contract, complete in all of its terms, and disagree only as to whether the contract was one of employment or one of partnership, is the question. It is undisputed that plaintiff rendered services, but he claimed and attempted to prove that he rendered them under an express contract of employment for the season at a fixed compensation, while defendant claimed and attempted to prove that he rendered…