Varner v. Hardy

The complaint is based on the common counts, to which defendant replied by the general issue and pleas 6 and 7 of set-off. To special pleas, including No. 10, demurrer was sustained.

When a party, without sufficient cause, abandons a contract, leaving unperformed the work contracted for, he cannot recover, under the common counts, on a quantum valebat or quantum meruit. Martin v. Massie, 127 Ala. 504, 29 South. 31; Worthington v. McGarry, 149 Ala. 251, 42 South. 988; Carbon Hill Coal Co. v. Cunningham, 153 Ala. 573, 44 South. 1016; Maxwell v. Moore, 163 Ala. 490, 50 South. 882. An exception to…