Catholic Bishop v. Bauer

This was an action of assumpsit for work and labor.

It is insisted that there can be no recovery, under the common counts, as there was an express contract, and stipulated price, for the work performed.

There is no liability, by implication of law, upon an express contract, executory in its provisions. But when there has been full performance, and nothing remains to be done but the payment of the money; or where there has been only part performance, and the remainder has been waived or prevented, and the work performed has been accepted, then, in either case, recovery may be had for the…