Weatherhead v. Cooney
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action on quantum merwit. Judgment for defendant. “One who has performed labor and services under a contract, which cannot be enforced because within the statute of frauds and which has been repudiated by the other party thereto, may recover for such services upon a quantum, meruit.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action on quantum merwit. Judgment for defendant. “One who has performed labor and services under a contract, which cannot be enforced because within the statute of frauds and which has been repudiated by the other party thereto, may recover for such services upon a quantum, meruit. “Where services are rendered on an agreement which is void by the statute, an action will lie on the implied promise to pay for such services.” (29 Am. & Eng. Ene. of Law, 2d ed., 814, 815, 839; Browne…
1Opinion of the Court
FLYNN, District Judge.
This is an action brought to recover the reasonable value of services actually rendered by appellant in finding a purchaser for and making a sale of certain mining claims and for expenses incurred in connection therewith, which services were rendered at the request and with the knowledge and consent of respondent, who accepted and retained the services and fruits thereof.
The complaint admits that there was no written contract between the parties, and a demurrer thereto, based on Sess. Laws 1915, chap. 131, p. 287, C. L., sec. 6012, and on other grounds, not necessary to…
2Cases cited8 opinions
- Selvage v. TalbottIndiana Supreme Court · 1911
- McCarthy v. LoupeCalifornia Supreme Court · 1882
- Keith v. SmithWashington Supreme Court · 1907
- Doney v. LaughlinIndiana Court of Appeals · 1911
- Stout v. HumphreySupreme Court of New Jersey · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Trammell Crow Co. No. 60 v. HarkinsonTexas Supreme Court · 1997
- Stone v. BradshawIdaho Supreme Court · 1942
- Baugh v. DarleyUtah Supreme Court · 1947
- Landis v. W. H. Fuqua, Inc.Court of Appeals of Texas · 1942
- Hale v. KreiselWisconsin Supreme Court · 1927
13 more not listed; retrieve them via the Exa API.