Stevens v. Fort Industries, Inc.

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 meruit. In the case of Abernathy v. Putnam, 85 Ga. App. 644 (69 S. E. 2d 896), it will be observed that the facts were almost on all fours with…