Gerhardt v. Amman

McAdam, Ch. J.

We think the trial judge properly disposed of the issue before him, and that for the reasons stated in his opinion, the judgment ought to be affirmed. The main point urged on the appeal was as to whether "the complaint declared upon an express contract or upon a quantum meruit, and whether the trial judge should have required the plaintiff to elect which of the two he relied upon. The complaint is so indefinite that it is difficult to. tell the precise ground upon which a recovery was sought. The complaint alleges that the plaintiff agreed to do certain plastering work for $85…