James Stewart & Co. v. Fulton
Opinion of the Court
The plaintiff sues to recover for services rendered under a special contract. While he avers that they were extra services, he does not show, nor in fact claim, that they were extra in the sense of being other than the exact kind the contract called for.
When there is an express contract for a stipulated amount and mode of compensation and services, as is shown in1 this case, the plaintiff cannot abandon the contract and resort to an action for a quantum
Still less can he take all the advantages of the special contract, and at the same time claim for services clearly within the scope of it.
,The judgment of the Circuit Court is affirmed.
Reference
- Full Case Name
- JAMES STEWART & CO. v. FULTON
- Status
- Published