DAVENPORT v. POPE

36908.

96 Ga. App. 799 (1957)

101 S.E.2d 614

DAVENPORT v. POPE et al.

Court of Appeals of Georgia.

Rehearing Denied December 17, 1957.


Attorney(s) appearing for the Case

Oze Horton, for plaintiff in error.

Cecil Hughes, contra.


FELTON, C. J.

An action for quantum meruit cannot by amendment, either by pleading or by evidence unobjected to, be converted into one on an express contract. Kraft v. Rowland & Rowland, 33 Ga.App. 806, 808 (128 S. E. 812). For the same reason recovery cannot be had on an express contract in an action predicated on quantum meruit. Thus, where the plaintiff sues on quantum meruit for the reasonable value of services rendered, but her evidence conclusively...

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