Geistert v. Scheffler

I agree that inconsistent causes of action may be pleaded, but this case goes farther. The trial court ruled that the plaintiff could not Recover on quantum meruit where his case was based on a claim for damages for breach of an express oral contract. The ruling was correct and the judgment of no cause of action should be affirmed. Where the plaintiff relies on breach of an express contract there can be no recovery on quantum mermt.

There can be no question but that the plaintiff relied on an express oral contract, and that the defendant admitted there was an oral contract for employment. The…