Fleming v. Jacob

This is an action to recover upon a quantum meruit for work performed and materials furnished incidentally. After the completion of the work and the furnishing of the materials a bill was presented to the defendant for the .same and its payment demanded of him on the 30th of September, 1903. Some time afterward this action was brought. At the trial no notice of the matter of interest seems to have been taken by either counsel or the court until after the verdict of the jury was rendered. That verdict was announced by the foreman in- the following words, viz.: “ We find for the plaintiff in…