Hilbert
Hilbert v. Kundikoff
Opinion
Lead Opinion
Defendant appeals from a judgment rendered against him in an action to recover the reasonable value of work performed and services rendered at his special instance and request and for his benefit.
Comparatively little aid can be obtained from a study of the. appellant’s brief as most of it is devoted to various discussions between court and counsel, whereby appellant seeks to show that the trial judge at some state of the proceedings, after the close of the testimony entertained views at variance with his findings. Though we do not consider this material to our inquiry in view of the fact that we assume that the court’s conclusions are truly reflected in the findings, yet we have carefully noted the tenor of the trial judge’s remarks and find nothing therein that could have, in any way, misled appellant or given him a security that might at all have affected the presentation of his case in full.
The original complaint alleged as follows: That for seven years continuously and without cessation, ending on June 1, 1925, at the special instance and request of defendant the plaintiff, for the benefit of defendant, performed work and rendered services. That the reasonable worth of…