Britt v. Hays

21 Ga. 157

Opinion

By the Court.

Lumpkin, J.

delivering the opinion.

The plaintiff treatiug the special contract in this case, as fescindedby the misconduct of the defendant, which he bad a light to do, Rogers vs. Parham 8 Ga. Rep. 190; sued on a quantvim meruit for work aud labor actually performed-He was rectus in curia. His writ or complaint needed no amendment; but he was entitled to recover upon it as it stood, provided he could sustain it by satisfactory proof; and that he was not permitted to do. It was allowable to refer to the special contract to fix the measure of damages; or in other words to prove the value of the plaintiff’s services; as estimated by the defendant himself. He offered to do this however by independent testimony, and the proof was rejected.

Judgment reversed.