Maxwell & Delehomme v. Moore

50 So. 882, 163 Ala. 490, 1909 Ala. LEXIS 552

Opinions

MoCLELLAN, j.

The contract here involved was for the furnishing of the material and the work and labor to apply it in painting a house for defendant (appellee). The contract was not fully performed by plaintiffs — on the contrary, was abandoned by them when approximately 15 per cent, of it was unperformed. The common counts, as here, cannot, under such circumstances, be employed to recover upon a quantum valebat or quantum meruit for the outlay made by plaintiffs.—Carbon Hill Co. v. Cunningham, 153 Ala. 573; 44 South. 1016; Martin v. Massie, 127 Ala. 504, 29 South. 31, and authorities therein cited.

The judgment is affirmed.

Dowdell,, C. J., and Anderson and Sayre, JJ., concur.