Brumby v. SMITH & PLASTER CO. OF GEORGIA

Deen, Judge.

1. The appellee sued the defendant Brumby, owner of a warehouse, for work done and materials furnished for the improvement of the property. The action was based on quantum meruit, and the main thrust of the appeal after judgment for the plaintiff by the judge trying the case without a jury is that (1) plaintiff is not entitled to any amount based on quantum meruit where the evidence shows an express contract; (2) defendant did not accept the work done by the plaintiff, and (3) plaintiff failed to carry the burden of showing that the work was of value to the defendant.

Proof of the…