Wilson v. Ross Investment Company

I dissent from the majority opinion for the reason that it is predicated, in my opinion, upon a cause of action in the complaint which has been abandoned, and not upon the one upon which the case was submitted to the jury.

There were two causes of action in the complaint: one based upon contract and the other upon quantum *263meruit. At the close of all of the evidence, plaintiffs, pursuant to an order of the court, elected to stand upon quantum meruit, and thereby abandoned the cause based upon contract.

In the majority opinion the author states: “This case, therefore, presents a clear-cut issue…