Whiteman v. Brandis

OPINION

By the Court,

Thompson, J.:

Brandis, plaintiff below, performed architectural services for Whiteman at the latter’s request. The district court found the reasonable value of such services to be $4,750 and entered judgment in that amount, with costs. Whiteman appeals, contending that reversible error occurred in permitting a quantum meruit recovery when the complaint alleged a breach of an express contract and proof of such a contract was not made. The appellant admits that he could not successfully assail the judgment, had the complaint requested relief on a quantum meruit basis.

We…