Mood v. Methodist Episcopal Church South

The appellant, plaintiff below, sought to recover for services rendered in supervising the construction of a church building for appellees.

The trial was had upon appellant's sixth amended original petition in which recovery was prayed for on a quantum meruit for services performed after alleged mutual abandonment of a contract between the parties stipulating for specific compensation, and, in the alternative, for compensation under the contract. Special exceptions were sustained to that part of the petition seeking a recovery under the contract on the theory that such allegations set up a new…