MILLICAN ELECTRIC CO. INC. v. Fisher

Frankum, Judge.

1. A petition may be cast in two counts to afford the plaintiff the benefit of contradictory allegations of the same transaction and to prevent the defendant from defeating the ends of justice by obtaining a nonsuit where equally meritorious, though materially different, causes of action are proved. Miller v. Southern Ry. Co., 21 Ga. App. 367 (94 S. E. 619). A count based on an express contract may be joined with a count alleging facts to raise an implied promise to pay for services, i.e., quantum meruit, in one petition. Bra nnen v. Lanier, 97 Ga. App. 30 (102 S. E. 2d 96);…