Richardson v. Investment Co.

Plaintiff, in November, 1909, commenced an action to recover upon an express contract the amount alleged to be due for constructing a cement sidewalk. From the judgment rendered in favor of plaintiff, defendant appealed and the cause was reversed and remanded for a new trial for the reason that the evidence failed to show a substantial compliance with the contract. In the opinion of the court it was suggested that, since the sidewalk was of value to the defendant, although it did not conform to the specifications agreed between the parties, plaintiff might recover in an action on quantum…