Schaefer v. Stewartstown Development Co.

WIEAND, Judge:

In this action to recover on an express contract to do excavation work, the trial court instructed the jury, without any request therefor, that even if there were no contract, the excavation contractor could recover on the basis of quantum meruit. The owner, against whom the jury returned a verdict, contends that this was error. We agree. Therefore, we reverse and remand for a new trial.

In June, 1987, Wayne E. Schaefer, t/d/b/a Schaefer’s Excavating (Schaefer), contracted to do excavation work for a development project owned by Stewartstown Development Company (Stewartstown).…