Hickman v. Leary

The judgment must be reversed and a new trial ordered, with costs to the appellant to abide the event, because of the error of the trial court in submitting to the jury on the theory of quantum meruit the claims which were admittedly covered by an express contract. It was agreed between the parties that the plaintiff was to build the Orlo III at cost for not more than $6,000, and repair the Orlo II upon the express terms of cost plus stipulated percentages fixed in the written memorandum. Under these conditions the plaintiff could not recover the reasonable value of the work, labor and…