GARDNER, P. J.
1. The court was authorized to determine that the plaintiff did not make out by evidence his case as alleged in the petition. The petition alleged that an express contract was entered into and detailed the terms thereof. When a petition is based upon an express contract, which the plaintiff alleges and fails to prove by evidence, he cannot recover on quantum meruit unless he amends the petition to bring it under the principle of law governing quantum...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.