The first duty the principal owes the agent in return for the many duties of the agent, is to compensate him for his services in performing the agency. The salary or commission of the agent may have been agreed upon by the parties in the contract and the sum so named will form the basis of the agent's right to recover. Where no sum is agreed on, the agent can recover what his services are reasonably worth as regulated by the trade or occupation in which he is engaged.17 The rules of general contract law apply, the law will presume the services of the agent were not to be given gratuitously. The compensation may however be payable only on a contingency or it may be by way of commissions on the money actually secured for the principal.18

Where the services are rendered by one who occupies toward the other a close relationship such as child to parent, husband to wife, or by one member of a family to another member, even where the service is requested by the recipient of the same, the law presumes that no compensation was expected, or intended, and that the service is gratuitous. The person rendering services under such circumstances is therefore under the burden of proving, either an express or implied agreement, to pay for such services.19

The amount of money that may be recovered where no sum has been agreed upon, is usually what the party so situated can prove his services are reasonably worth. This is a question for the jury and in determining the same they have a right to take into consideration the ability of the agent, and also his reputation for work in his line, the amount of work, required both in preparing for the work and the performance of it, the whole amount of money involved, and what the agent has accomplished.20

16 Collender vs. Oelrich's, 5 Bing.

(N. C.), 58. 17 Lewis vs. Trickey, 20 Barber (N.

Y.), 387.

18 Zerrahn vs. Ditson, 17 Mass., 553.

19 Callan vs. Patterson, 137 I11., 403;

Smith vs. Denman, 48 Ind., 65.