Schwartz v. Fein

CLEMENS, Commissioner.

Plaintiff sued defendant for an attorney fee and won a verdict and judgment for $2,500 plus $750 interest. Defendant appeals.

Plaintiff sued in two counts, quantum meruit and account stated. Defendant first contends the trial court should have granted his motion for directed verdict on the quantum meruit count at the close of plaintiff’s opening statement. This, on the ground the opening statement showed plaintiff intended to rely on account stated and did not state facts to support quantum meruit. We reject this contention.

The premise of defendant’s argument is that…