Carlos v. Hastings Independent Telephone Co.

Filed. June 25, 1912.

I am unable to agree with the majority opinion. A statement touching the facts and evidence is contained in that opinion. It appears that the plaintiff brought an action to recover an alleged unpaid balance of $200 on his salary. He sought to recover for his services for the eight months from April to November, 1906. He recovered upon a trial to a jury a judgment for $241.45. The majority opinion holds that the evidence is insufficient to sustain the verdict. It is said in that opinion that “plaintiff did not sue upon a quantum meruit, but upon a contract.” Whether he…