Biagini v. Mocnik

Plaintiff contractor’s bill of complaint relied upon an express oral contract with defendants for the erection of a bouse on defendants’ property. The relief sought was the imposition of a second mortgage upon the property in accordance with the agreement of an amount equal to the unpaid contract price plaintiff claimed was due him.

Prior to trial plaintiff filed a motion to amend the pleadings to add a count in quantum meruit. The court held in abeyance the decision on the motion and limited the proofs on trial to those bearing on express contract. He told counsel that so far as quantum…