Moran v. Wallace & Co. 1 Mann. Unrep. Cas. 183

No. 5878.

Peter Moran, Exr., vs. Wallace & Co.

In a suit on a quantum, meruit lor services as salesman, on the basis oí the sum contracted for the previous year, where it appeared that the salesman was physically unable to render the services which he did under the contract, and did not in fact render such efficient service as then, the sum'stipulated in the contract ior prior *184service will not be taken as the guage to measure the value of subsequent service, but he will be awarded only such sum as his services were fairly worth.

Appeal from the Fourth District Court of New Orleans. Lynch, J.

Gilmore & Sons for Plaintiff. A. & W. Vborhies for Defendants Appellants.