Ware v. Reese
Supreme Court of Georgia
Practice in the Superior Court. Contracts. Pleadings. New trial. Before Judge Clark. Macon Superior Court. May Term, 1877. Reese brought assumpsit against S. "Ware for the alleged breach of a contract by which plaintiff was to sell certain land, and defendant was to pay him $500.00 for so doing. He afterwards added a count of quantum meruit. Defendant then demurred to the declaration; the demurrer was overruled. Defendant having died, his executor was made a party.
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Practice in the Superior Court. Contracts. Pleadings. New trial. Before Judge Clark. Macon Superior Court. May Term, 1877. Reese brought assumpsit against S. "Ware for the alleged breach of a contract by which plaintiff was to sell certain land, and defendant was to pay him $500.00 for so doing. He afterwards added a count of quantum meruit. Defendant then demurred to the declaration; the demurrer was overruled. Defendant having died, his executor was made a party. The evidence made, in brief, the following case: Ware agreed to pay plaintiff $500.00 if he would effect a sale of certain lands…
1Opinion of the Court
■Jackson, Judge.
Two points are made in this record. First, can a qucmtum merwit count for services rendered be joined with a .suit for the services rendered under a contract? and secondly, is the evidence sufficient to sustain the verdict ?
1. We see no reason why a quantum meruit cannot be joined. It is joined because the plaintiff may fail to prove the contract, and this has always been the practice, so far as we know or have heard. If the contract be proved, of course the recovery must be upon that; if none be proved, then the party is entitled to recover the value of his services. In this…
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