Herrmann v. Cluett, Peabody & Co.

The complaint contains two causes of action: one on an express contract, by which for certain services the plaintiff was to be paid $10,000 and an additional $65,000 upon a contingency; the second upon a quantum meruit, alleging the value of the services to be $75,000. The defendant moves to compel the service of an amended complaint electing to stand upon one or the other of these causes of action.

The question presented seems to me highly academic. Its answer must rest upon a sharp distinction between the rules of pleading and the rules of substantive law. It is the established practice in…