Barley v. Buell

Belcher, C. C. This action was commenced to recover the sum of ten thousand dollars for services alleged to have been rendered by the plaintiff in procuring a loan for the defendant.

The defendant demurred to the complaint, and his demurrer being overruled, answered.

The case was tried by a jury, and a verdict returned in favor of the plaintiff for three thousand dollars, on which judgment was entered.

The appeal is from the judgment, and rests upon the judgment roll.

It is claimed for the appellant that the complaint was insufficient, and that the court erred in overruling the demurrer. The complaint was undoubtedly somewhat ambiguous, but it was not demurred to on that ground. In our opinion, it stated a cause of action for the three thousand dollars recovered, and that the alleged promise to pay that sum was based upon a sufficient consideration.

We think the judgment should be affirmed.

Foote, 0., and Searls, 0., concurred.

The Court. For the reasons given in the foregoing opinion, the judgment is affirmed.

Thornton, J., concurring. When this cause was before Department Two of this court for decision, I drew up an opinion affirming the judgment, and stating the reasons for such conclusion. I adhere to that opinion, and file it herein as my opinion in the cause.

The following is the opinion of Mr. Justice Thornton above referred to, rendered in' Department Two on the 30th of January, 1886:—

[337]Thornton, J. We are of opinion that under the allegations of the complaint the plaintiff could have and recover the amount of three thousand dollars, for which a verdict was rendered in his favor. There is no difficulty as to the consideration of the promise to pay. The consideration was services to be rendered in procuring a loan, and there was a promise to pay sufficiently definite averred in the complaint as regards three thousand dollars, the amount of the verdict.