Edwards v. . Matthews

Per .Curiam.

Defendant’s exception to the submission of the fourth issue, to wit: “Is the defendant indebted to the plaintiff upon the quantum meruit for services rendered ?” cannot be sustained.

In her complaint plaintiff alleged an express contract by which defendant’s testator promised and agreed to compensate her liberally for the services rendered by her. She relied upon this contract as the foundation of her cause of action. However, her failure to prove the express contract did not preclude her recovery for the services which the evidence shows that she rendered to defendant’s testator…