Terry Realty Co. v. Martin

(after stating the facts as above). To authorize a recovery on the quantum meruit, under the common counts, it was incumbent on the plaintiff, not only to show services rendered at defendants’ instance, but the reasonable value of such services; and to recover on the common counts for services rendered under a special contract fixing the price of the services, plaintiff must show that he has fully performed the contract, leaving nothing to be done except the payment of the price by the defendant. Jonas v. King, 81 Ala. 285,1 So. 591.

The plaintiff, under the special contract, engaged to make…