Ingalls v. Allen

Citations

• 132 Ill. 170
• 23 N.E. 1026

Syllabus

<p>1. Contract—after-performed services—whether under the terms of the original contract—presumption. If one person employs another for •a certain time at an agreed price per month, and the services are continued after the expiration of the time agreed upon without any new -agreement as to price, it will be presumed that the parties understood that the original rate of compensation is also to be continued. In such -case the recovery of wages by the employe will not be upon the quantum meruit, but upon the contract implied by law, and for the compensation originally fixed by the parties.</p> <p>2. If the nature of the service required to be performed be not different from that required by the original contract, the fact that the •services rendered after the original term had expired were at a different. place, or may have been of a slightly different character, will not •destroy this presumption, if it can be said that such service was a continuation of the original service, and within the scope, generally, of the original employment.</p> <p>3. It can not be said that the presumption necessarily arises, from the fact that, subsequent to the termination of service under a special contract, the employer requested the employe to do certain other work at a different place, that the parties intended that the same price should be paid for the subsequent services as was agreed to be paid under the original contract of employment, especially when such request is made .any considerable time after the completion of the service under the express agreement. The presumption is only warranted when the service can be said, as a matter of fact, to be continuous.</p> <p>i. Same—subsequent service—whether of the same character—as a ■question of fact. Whether the service rendered after the original term -of employment has expired, is of the same nature and of the character contemplated by the original contract, is a question of fact, and, as .such, is proper to be submitted to a jury.<