Opinion
March 8, 1950.
Appeal from Supreme Court, Madison County.
Upon a quantum meruit basis the jury found plaintiff's services, claimed to have been rendered as an attorney for the defendant corporation, to be worth the sum of $3,500. We think the judgment must be reversed and a new trial directed. The issue of employment was sharply contested, but there was, in our opinion, sufficient evidence to make it a question of fact for the jury. However, proof as to the services claimed to have been rendered was too vague and general in its nature to permit a fair appraisal of value to be made by the jury. Moreover, the submission of the case to the jury by the Trial Justice, was inadequate, and contradictory in some respects. The jury was entitled to a clear and explicit charge as to the issues presented and the law applicable thereto. Judgment reversed on the law and the facts, and a new trial directed, with costs to abide the event. Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ., concur.