Jewell v. Central Trust Co.

Citations

• 103 Kan. 381
• 173 P. 923
• 1918 Kan. LEXIS 270

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Compensation for Services — Evidence—Fundings, This action involved the right to recover for personal services rendered by an agent and employee for his brother, and the jury found that an express contract had been made for the services, but that the compensation to be paid and the times of payment were not fixed by the agreement Held, that the evidence was sufficient to support the finding of the jury.</p> <p>2. Same — Compensation for Services — Statute of Limitations — Custom. No time having been fixed for the term of service or payment for the service of the employee which continued until the death of the employer, the ordinary rule is that the statute of limitations does not begin to run against a claim for compensation until the services are ended, unless there is a general custom or usage to the contrary; and, while a custom was shown herein as to a part of the services rendered, it is not deemed to be controlling on account of the character of the services performed and the peculiar relationship that existed between the parties to the agreement.</p> <p>3. Same — Verdict—Error in Computation — Error Corrected. Error by the jury in the computation of the nuniber of months of service, the value of the services per month having been determined, and there being no substantial dispute as to the period of the services, does not indicate prejudice on the part of the jury, nor prevent a correction of the error by a remission of the excess awarded.</p>