Illustrative Cases On Bailments And Carriers

Cover Illustrative Cases On Bailments And Carriers
Illustrative Cases On Bailments And Carriers
Armistead Mason Dobie
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Dec. 713, where it was held that where one party, without the fault of the other, fails to perform his contract for labor in such a manner as to enable him to sue upon it, still, if the party for whom the labor is performed had derived a benefit from the part performed, the party so failmg may recover the reasonable value of such labor. That was a case of indebitatus assumpsit for work and labor. "The defendant offered evidence to prove that the work was done under a contract to work for one ye...ar for the sum of one hundred dollars, and that the plamtiff left his service without his consent, and without good cause. " The learned judge instructed the jury that although all the points should 7 Parts of the opinion are omitted.
92 BAILMENTS FOR MUTUAL BENEFIT HIRED SERVICES be made out, yet the plaintiff was entitled to recover under his quan- tum meruit as much as the labor performed was reasonably worth, and this instruction was held correct. This case seems not to have been followed in other states.


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