De Boom v. Priestly
California Supreme Court
Appeal from the superior court of the city of San Francisco. The points on which the decision is based are stated in the opinion of the court.
1Opinion of the Court
By the Court,
Besnett, J.
There was a special contract between the parties for the erection of a building, which was deviated from in pursuance of instructions from the defendants. The action was brought on a quantum meruit. The defendants demurred to the complaint. The demurrer was overruled, and they put in a plea to the merits. The plea was a waiver of the demurrer, and no point can be made upon that now.
At the trial, the court admitted testimony of the value of the plaintiff’s services, though there was evidence of a special con*207tract. But the contract had been deviated from, and therefore…
2Cited by17 opinions
- Castagnino v. BallettaCalifornia Supreme Court · 1889
- O'Connor v. DingleyCalifornia Supreme Court · 1864
- Reynolds v. LincolnCalifornia Supreme Court · 1886
- Lonkey v. WellsNevada Supreme Court · 1881
- Rains v. ArnettCalifornia Court of Appeal · 1961
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