Wallace Plumbing Co. v. Dillon

This is an action to recover compensation for work, labor and materials. There was a verdict and judgment for plaintiff. Defendant has sued out a writ of error, and the cause is before us on his application for a supersedeas.

The plaintiff in error, defendant below, contends that plaintiff’s replication was a departure from the complaint, and for that reason ought to have been stricken upon his motion. The complaint is for recovery on a quantum meruit and alleges, in substance, that plaintiff performed services and furnished material upon a building, at the special instance and request of…