Arrow Agency v. Anderson

MR. CHIEF JUSTICE HARRISON:

I dissent.

I believe the complaint herein frames a cause of action on an express oral contract. Unless the evidence adduced at the trial tends to prove the issues thus raised, a nonsuit should be properly sustained. Evidence which tends only to prove an implied contract or quantum meruit will not be sufficient to withstand the motion.

In 17 C.J.S. Contracts § 569, p. 1203, it is said: * * generally, and at common law, in an action brought on an express or special contract plaintiff cannot recover on proof of an implied contract, or on quantum meruit, unless the…