Molleur v. Leriche

This is an appeal by defendant, Grow & Flourish, Inc., from a jury verdict which awarded plaintiff damages based on the theory of quantum meruit. Because quantum meruit was not pleaded, nor were the pleadings amended during the course of the trial by the express or implied agreement of the parties, we hold that it was reversible error for the trial court to submit the issue to the jury.

Defendant Grow & Flourish, Inc., developed a plant fertilizer from chicken manure which it wished to market in Canada. With an eye toward obtaining a distributorship of the product, plaintiff expended…