Mood v. Methodist Episcopal Church South of Cisco

In the original opinion (296 S. W. 506) it was held that causes of action were alternatively stated by Mood et al., as follows: (a) Upon the written contract and specifications as modified or novated in parts from time to time; (b) upon the contract in respect to work done before the time of possible mutual abandonment of its unperformed requirements and upon quantum meruit thereafter; (c) upon quantum meruit in whole because of possible mutual rescission of the original contract both in respect to then unperformed work, and in respect to that which had then been performed. Consequently, it…