Johns v. League, Duvall & Powell Inc.

Atkinson, Jnstice,

dissenting. While it is the duty of this court to construe pleadings and evidence in the most favorable light and most strongly to sustain a verdict, yet the fundamental rules of pleading and evidence must be fallowed.

Construing the petition in the instant case, the pertinent portions being set forth in the above statement of facts, it seems clear that the petition sought a recovery only upon an express contract; and I da not think that, by any reasonable construction, it attempts to set forth an implied contract upon which a recovery on a quantum meruit would be authorized.

N…