BOLTON v. MARSHALL.

No. 31847.

153 Ohio St. 250 (1950)

BOLTON ET AL., D. B. A. MAURER, BOLTON & MIERKE, APPELLEES, v. MARSHALL, APPELLANT.

Supreme Court of Ohio.

Decided March 22, 1950.


Attorney(s) appearing for the Case

Messrs. Bolton, Taggart, Boer, Mierke & McCleiland and Messrs. Slabaugh, Guinther & Pflueger, for appellees.

Messrs. McKeehan, Merrick, Arter & Stewart, Mr. Walker H. Nye and Messrs. Wise, Roetzel, Maxon, Kelly & Andress, for appellant.


ZIMMERMAN, J.

At the outset of this opinion, it is important to note that under the pleadings and the evidence in this case there is no claim or proof of any express agreement between plaintiffs and defendant covering the services actually to be performed by plaintiffs and the amount they were to receive therefor.

If, under the circumstances disclosed by the evidence, it can be said there was any implied understanding between the parties on the...

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