Hooper v. O. M. Corwin Co.

The defendants claim that the express contract alleged is not proven, and that in such case there could be recovery only upon amendment of the complaint to allege in qumtum meruit and proof of the value of the plaintiff’s services; and that as there was no proof of such value there can be no recovery.

The fact that the “ultimatum” was prepared and submitted by plaintiff at the request of the Corwin Company and that plaintiff expended money in so doing forms a good consideration for the contract alleged, if it was in fact made. Silverthorn v. Wylie, 96 Wis. 69, 71 N. W. 107. A contract is made…