Flyum v. Alaska Packers' Ass'n

Citations

• 5 Alaska 200

Syllabus

<p>1. Assumpsit, Action op &wkey;>l—Quantum MeRuit—Work and Labor.</p> <p>There are two kinds of actions or suits for the recovery of money for wages or materials furnished. One is on an express contract, where the amount claimed to be due is agreed upon by both parties; the other is quantum meruit, where the plaintiff claims that he performed services or furnished materials of a certain value, and that, in the absence of any express contract or agreement, he is entitled to recover that value.</p> <p>2. Contracts &wkey;>319(l)—Performance in Part.</p> <p>Plaintiff brought suit against the defendant, alleging that he worked for defendant as laborer for 30 days at an agreed rate of $3 per day; that he worked 14 days fishing on Bering Sea, and caught 8,300 fish at 3% cents per fish, and 10 king salmon at 10 cents per fish, making a total of $291.40. It appeared the price of fish caught by the fishermen on Bristol Bay was fixed by a written contract and custom based thereon, whereby the fishermen aid in 'bringing the vessel from San Francisco, loading and unloading her, and the performance of other work, which the plaintiff did not perform. Held, he cannot adopt such parts of the custom and contract as is advantageous to him, and reject the part advantageous to the defendant. Having failed to comply with the contract and custom, he cannot recover under its provisions, but is allowed the full time he worked at the agreed wage per day.</p> <p><@=»See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>