A. & S. Wilson Co. v. Reighard

Citations

• 230 Pa. 141
• 79 A. 243
• 1911 Pa. LEXIS 577

Syllabus

<p>Pleading — Practice—Variance—-Statement of claim, — Evidence—In-debitatus assumpsit — Express contract.</p> <p>1. In an action to recover for labor and materials where the statement of claim contains the common counts in indebitatus assumpsit and on a quantum meruit and a detailed statement of the work done and materials furnished, the plaintiff is not defeated of his right to recover because at the trial he proves an express oral contract.</p> <p>2. At common law there was not a variance where an express promise not under seal and fully performed was proved under a declaration in indebitatus assumpsit. The rule has not been changed by the procedure act of 1887.</p>