Anthony v. Nourse

Supreme Court of Oklahoma

Anthony v. Nourse

1912 OK 615, 127 P. 491, 34 Okla. 795, 1912 Okla. LEXIS 488

CourtSupreme Court of Oklahoma

DecidedOctober 15, 1912

Docket2169

StatusPublished

Cited by1 cases

This text of 1912 OK 615 (Anthony v. Nourse) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anthony v. Nourse, 1912 OK 615, 127 P. 491, 34 Okla. 795, 1912 Okla. LEXIS 488 (Okla. 1912).

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Opinion

Opinion by

AMES, C.

The plaintiff sued the defendant for wages amounting to $20. The defendant admitted that he owed $13.50. The plaintiff recovered $19.50. The services were performed without any agreement as to compensation, and the suit was for their reasonable value.

The court admitted evidence showing the amount that was paid to others for the same kind of service at the same place, and also evidence tending to show what it was customary to pay for such services. This is assigned as error, and it is argued that a custom is not binding upon a party, unless it is known to him, or so well established that notice will be conclusively presumed.. This legal proposition is correct. Talbot v. Mattox, Dawson & Posey Realty Co., 26 Okla. 298, 109 Pac. 128. But the evidence here offered was designed to establish the reason *796 able value of the services, rather than a custom which was binding upon the defendant, and such evidence is admissible for that purpose. Murray v. Ware, 1 Bibb (Ky.) 325, 4 Am. Dec. 637; Shade v. Sisson Mill & Lumber Co., 115 Cal. 357, 47 Pac. 135; Jenks v. Knott’s Mexican Silver Mining Co., 58 Iowa, 549, 12 N. W. 588.

It is argued that the attorney for the plaintiff was guilty of misconduct in arguing to the jury that the defendant was a rich man, and the plaintiff a poor boy, and that, unless the jury gave a verdict for more than $13.50, the plaintiff would have to pay the costs. The latter part of this argument was stricken from the consideration of the jury; but, notwithstanding this, the argument was highly reprehensible, and should not be tolerated by the courts. As, however, in this particular case there was ample evidence to sustain the amount of the verdict, and as it can be seen from the record that no substantial injury resulted to the defendant, and as the amount here involved is insignificant, the case will not be reversed on that account.

The judgment of the trial court should be affirmed.

By the Court: It is so ordered.

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Opinion by

AMES, C.

The plaintiff sued the defendant for wages amounting to $20. The defendant admitted that he owed $13.50. The plaintiff recovered $19.50. The services were performed without any agreement as to compensation, and the suit was for their reasonable value.

The court admitted evidence showing the amount that was paid to others for the same kind of service at the same place, and also evidence tending to show what it was customary to pay for such services. This is assigned as error, and it is argued that a custom is not binding upon a party, unless it is known to him, or so well established that notice will be conclusively presumed.. This legal proposition is correct. Talbot v. Mattox, Dawson & Posey Realty Co., 26 Okla. 298, 109 Pac. 128. But the evidence here offered was designed to establish the reason *796 able value of the services, rather than a custom which was binding upon the defendant, and such evidence is admissible for that purpose. Murray v. Ware, 1 Bibb (Ky.) 325, 4 Am. Dec. 637; Shade v. Sisson Mill & Lumber Co., 115 Cal. 357, 47 Pac. 135; Jenks v. Knott’s Mexican Silver Mining Co., 58 Iowa, 549, 12 N. W. 588.

It is argued that the attorney for the plaintiff was guilty of misconduct in arguing to the jury that the defendant was a rich man, and the plaintiff a poor boy, and that, unless the jury gave a verdict for more than $13.50, the plaintiff would have to pay the costs. The latter part of this argument was stricken from the consideration of the jury; but, notwithstanding this, the argument was highly reprehensible, and should not be tolerated by the courts. As, however, in this particular case there was ample evidence to sustain the amount of the verdict, and as it can be seen from the record that no substantial injury resulted to the defendant, and as the amount here involved is insignificant, the case will not be reversed on that account.

The judgment of the trial court should be affirmed.

By the Court: It is so ordered.

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Bluebook (online)

1912 OK 615, 127 P. 491, 34 Okla. 795, 1912 Okla. LEXIS 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-v-nourse-okla-1912.

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