Western Newspaper Union, Inc. v. Shaltz

Opinion by

Arnold, J.,

This action of assumpsit was tried without a jury, resulting in a judgment for the plaintiff only for an amount admitted to be due; and in favor of the defendants for the balance of the plaintiff’s .claim, $466.09.

Plaintiff declared on quantum meruit, averring that the items sued for were charged at reasonable and market prices, and that these the defendants agreed to pay. The affidavit of defense pleaded an express contract under which the plaintiff agreed to furnish the only service in dispute for “approximately $5.00 per week.” The court found that there was such an…