Harris v. Harris-Ammer Furniture Co.

This is clearly an action upon an express contract of hiring, every term being expressed except the amount to be paid for the services: Clark on Contracts (3 ed.), p. 20. If any contract is proved, it is an implied contract arising- from the rendition of services beneficial to defendant and which by the action of Harris in denying its execution was converted into an implied or guasi-contract. It is settled in this state that a plaintiff cannot declare upon an express contract and recover upon an implied contract. The evidence here tends to show no contract to pay plaintiff what the services…