Lutzken v. City of Rochester

Plaintiff recovered judgment against the defendant City of Rochester on a quantum meruit basis for services rendered in the removal of four tree stumps. This claim was set forth in the second cause of action of plaintiff’s complaint, the first cause of action alleging an express contract having been properly dismissed by reason of a complete failure of proof. Although the record is not clear or conclusive as to any promise made by the city to pay plaintiff for removing the stumps (the city contending that it was a pure demonstration in the hope of securing future business), the Trial Judge…