Lovett v. Continental Bank and Trust Company

*88WORTHEN, Justice

(concurring in result);

I concur in the results reached by-Mr. Justice Wade. I am inclined to the view expressed by Mr. Justice Henriod that having pleaded an express contract the respondent should prevail on that cause or not at all. Plaintiff failed to establish the express contract pleaded — that decedent agreed to pay her for her services $3,300. The liberalized rules of pleading should not be interpreted so loosely that there is no boundary between a cause of action predicated on an express agreement and one predicated on an implied agreement. It seems incompatible to hold…