Johnson v. Moore

Moore brought assumpsit against Johnson, on a quantum meruit, for clearing 20 acres of iand, and making 2,000 rails. Johnson demurred to the evidence: the amount of which was, that he had employed.Moore to clear 20 acres of land, and make 2,000 rails, for which he was to make him a deed for a lot in Palestine, when he obtained a title; observing at the time, that it was out of the question to give money for the work. The weight of the testimony as to the performance, is, that Moore cleared the greater part of the land, and made nearly all the rails. Some of the witnesses, however, go further,…