Helm v. Wilson

McGirk Judge,

delivered the opinion of the court.

Wilson brought an action of assumpsit on a special agreement; the fiist count goes for an agreement by which Wilson agreed to dig a ditch and tail race for a mill, the race was to be of a certain description. Helm was todo certain things on his part to enable the plaintiff to proceed. Then there is a count on the quantum meruit — issue non assumpsit. There was proof of the special agreement; there was also proof, though somewhat conflicting, that some of the work, that is the tail race, was done according to contract. There was evidence to shew…