McCook v. Comegys

This is a suit for $5,010. The petition alleges three causes of action which were not pleaded in the alternative. Defendant filed a motion to elect. The motion to elect was sustained, and the plaintiff elected to sue upon a quantum meruit for all items on the account annexed to the petition, except a casket priced thereon at $4,750, and upon a contract for that item.

The case does not present any seriously disputed facts. Judgment was rendered in the district court in favor of the plaintiff for $360, the sum' of the items claimed on a quantum meruit, with legal interest thereon from judicial…