Gruskay v. Simenauskas

The plaintiff’s action stood in count one upon an express contract; by amendment a second count upon a quantum meruit was added. Upon the trial, counsel for the plaintiff in response to the court’s inquiry stated that he did not claim anything under the second count, but had already said in reply to the question of counsel for the defendant, that he would not withdraw the second count. The trial was concluded on December 21st, 1926, and on January 22d, 1927, the court notified counsel for each party by letter that it should be obliged to find for the defendant on the first count, but that as…