Nibler v. Coltrane

On Motion for Rehearing.

On motion for rehearing appellant has re-argued the issues presented in his original brief and he particularly complains of our holdings (1) that the second count of the petition stated a cause of action in quantum meruit for the recovery of the reasonable value of plaintiff’s services; (2) that plaintiff’s evidence was sufficient to make a sub-missible case for the jury; and (3) that the trial court did not err in overruling defendant’s motions for a directed verdict. Appellant insists that “both counts of the petition declare upon an express contract that plaintiff…