Southwestern Arizona Fruit & Irrigation Co. v. Cameron

The appellee sued the appellant for a balance of $3,176.54, alleged to be due him on a written contract, by the terms of which the plaintiff agreed to repair and put into condition a designated portion of defendant’s canal, for which he was to receive $5,000. The complaint contains two counts; one count on the contract, which is pleaded in haec verba and according to its tenor and effect; and one on quantum meruit.

Defendant’s answer consisted of a general demurrer, an admission of the execution of the contract sued on, with a denial of its legal effect and tenor as pleaded by plaintiff, and a…