Todd v. Huntington

The appellant presents but one question for our decision. It is involved in the giving and refusing an instruction. The action was brought upon an express contract for the construction of certain buildings, and also for the same work upon quantum meruit. By election, the trial proceeded upon quantum meruit. The bill of exceptions shows that there was evidence tending to prove that the work, labor, and materials were rendered and furnished, and were reasonably worth the amount alleged in the complaint; that the work, labor, and materials were rendered and furnished under an express contract to…