Hightower v. Scarborough

A plaintiff can not recover except upon the cause of action as laid in his petition. If the.pleader had intended the suit as one upon quantum meruit, that is, for services rendered, independently of the contract to compensate-him at the rate of $60 per month, all that would have been necessary would have been a short petition alleging that the services were rendered, their value, and that the plaintiff had not been paid for them, together with a bill of particulars of the services rendered, or averments in the petition showing when and how the services were rendered. It would not have been…