Hogg v. Larchmont Yacht Club

The plaintiff entered into a written contract with the defendant, wherein and whereby he agreed to do a particular thing within a specified time. The evidence establishes that the plaintiff failed to do that which he contracted to do. The motion to dismiss the complaint should therefore have been granted. The rights of the parties were fixed and determined by the written contract, and the court could not, by amending the complaint so as to allege a cause of action on a quantum meruit, alter or impair the rights of the parties under the contract. Rights under a contract cannot be canceled by…