#### DANIEL G. FOWLE v. THE CITY OF RALEIGH. DANIEL G. FOWLE v. THE CITY OF RALEIGH.

In the absence of fraud or collusion, the price agreed upon by the parties to a contract must he presumed to he fair.

tForthe other points decided, see the case of Tuekerv., (Kty of Raleigh, next preceding.)

Ciyil Action, tried before Watts, J., at January Term., 1876, of Wake Superior Court.

The points raised by this case were decided in the case of W. H. & R. S. TucJcer v. 1 he Oity of Raleigh, ante.

There was judgment in favor of the plaintiff, and the defendant appealed.

Busbee & Busbee, for the appellant.

Haywood, Fowle and Snow, contra.

Reade, J.

All the points in this case are covered by the case of Tucker v. City of Raleigh, at this term, except that in *274this case the defendant denies that the price of the services rendered was reasonable.

In the absence' of fraud or collusion, the price agreed on by the parties must be taken to be fair.

There is no error. Let this be certified.

Per Curiam. Judgment accordingly.