Western MacHinery Company, a Corporation v. Consolidated Uranium Mines, Inc., a Corporation

MURRAH, Circuit Judge.

The appellant sued appellee on two counts, both to recover a balance of- $23,0.08.47 for labor and material furnished and services rendered by. appellant for the use and benefit of appellee at its special instance and request. The first count is said to sound in express or implied-in-fact contract'; the second in quasi contract as for unjust enrichment. Point is made of inconsistencies of the two legal theories with the suggestion that a choice should have been required. But we are not concerned with the nicety of pleaded legal theories. It is enough that both counts,…