Taylor v. Pinckney

action is to recover for storage of a, printing press on an express contract. But two exceptions-were taken by the appellant. The first was to the admission of evidence of the value of the storage. This was not well taken. We think it now the settled practice that one may declare on a special contract, and failing to prove such, may recover on a quantum meruit. Sussdorf v. Schmidt, 55 N. Y., 319; Smith v. Lippincott, 49 Barb., 398; Scott v. Lillienthal, 9 Bosworth, 224.

There is no reason why the parties should be remitted to-a second litigation. The second exception was to the denial of a…