Callaway v. Milligan

Citations

• 25 Del. 383
• 2 Boyce 383
• 80 A. 630
• 1911 Del. LEXIS 50

Syllabus

<p>1. Trial — Deliberations of Jury — Manner of Arriving at Verdict.</p> <p>Where the testimony is in many regards conflicting, the whole testimony is to be taken by the jury, if it can reconcile it; but, if not, the jury should give credit to those witnesses which in its opinion are most worthy of credit, and reject the testimony of those that it deemed less worthy, taking into consideration the bias, prejudice, or interest which the individual witnesses may have in the outcome.</p> <p>2. Work and Labor — Implied Contract.</p> <p>Ordinarily, where one performs labor for another, in the absence of any specific agreement, the law raises an implied promise -to pay; but there is no implied promise to pay for services rendered gratuitously.</p> <p>3. Contract —Compensation.</p> <p>If there was an express promise between parties that services would be paid for, but no definite price was agreed on, the one rendering the services would be entitled to recover fair and reasonable compensation, not in excess of the sum sued for.</p>