Budreaux v. Tucker

The plaintiff sued on a quantum meruit for services rendered to the defendants in burning and setting bricks, and for masonry work.

On the trial, the defendants offered to prove that the plaintiff had agreed to do the work for a certain price, which was less than that charged in the account sued on, to which the plaintiff objected, and the court rejected the testimony on the ground, that there was no special contract set up in the answer.

We think the court below erred in rejecting the testimony. It was admissible under the general issue, to disprove the plaintiffs allegation as to the value of…