Whitton

— Action brought by respondent as a .■stenographer and notary to recover for services rendered .appellant in taking testimony, etc., in a contested election case. A special contract, at the rate of thirty cents a ■folio for the original, and five cents a folio for copies, is relied upon as the basis of the action. Appellant admits that such was the contract, but insists that it was conditional upon his final success in securing a seat in Congress, and that if such event did not occur, then the contract price was an amount much less than is now claimed by respondent. Appellant was unsuccessful in his endeavors to oust his opponent, and hence asserts that the contract here relied upon was rendered nugatory by the failure of the condition upon which it was based. Under the authority of Pavisich v. Bean, 48 Cal. 364 , and cases there cited, the complaint is unobjectionable.

It is insisted that the court erred in not permitting the appellant to prove the market price for work of a similar character, as tending to show what the contract .in this regard really was.

It is a well-recognized principle of law that where a •conflict of testimony arises between the parties as to the .amount…