Alfred S. Austin Construction Co. v. Namia

McNULTY, Judge.

Abe Narnia sued Austin Construction Company for commissions allegedly due. The case was pleaded and tried on the theory that an express contract existed between Abe and Austin, pursuant to which Austin expressly agreed to pay Abe $5,000.-00 for services alleged to have been fully performed.

Notwithstanding that the case was pleaded and tried on express contract, as aforesaid, the lower court, sitting without a jury, awarded Abe the sum of $1,800.00 and interest. The trial judge apparently predicated his judgment on quantum meruit; and, further, apparently decided the case on…