Opinion
Decision filed July 23, 1930.
A Writ of Error to the Circuit Court for Dade County; A. J. Rose, Judge.
Loftin, Stokes Calkins, for Plaintiff in Error;
H. H. Taylor, Evans Mershon and O. B. Simmons, Jr., for Defendant in Error.
In an action of assumpsit on the common counts judgment was rendered for the plaintiff for services performed for the defendant. On writ of error taken by the defendant it appears that the verdict is not sustained by proof of compensation fixed by express contract or by sufficient evidence as to the reasonable value of services rendered. The motion for new trial should have been granted.
Reversed.
TERRELL, C. J., AND WHITFIELD, STRUM AND BUFORD, J. J., concur.
ELLIS AND BROWN, J. J., dissent.