Lemire v. Haley

The new declaration is defective in setting forth a claim based on quantum meruit. It avers an amount based on the terms of the contract held unenforceable and resolves itself, when analyzed, into a declaration for breach of that contract. The issue is not whether that contract was a fair one, but regardless of its provisions for compensation, is how much the plaintiff should fairly be awarded for her services and expenses rendered and incurred in action in reliance upon the contract if it was made. A declaration upon the common counts is sufficient if supplemented with specifications which…