Loudon v. Spencer

Citations

• 84 Wash. 236

Syllabus

<p>Work and Labor — Performance of Contract — Evidence—Sufficiency. In an action on contract for clearing land, a finding in defendants’ favor was warranted where there was evidence that the original contract was superseded by a supplemental contract agreeing to pay plaintiff a certain sum conditioned on his completing certain work and surrendering the unexpired lease, and that he failed and refused to perform the supplemental contract.</p> <p>Same — Contracts—Substitution—Quantum Meruit —• Defenses. Where plaintiff had agreed to clear land for the use of the same for two years, and after partial performance, brought action upon a subsequent agreement whereby the owner was to pay him $250 for the services performed, and plaintiff’s evidence failed to sustain the allegations as to such subsequent contract, he is not entitled to recover on a quantum meruit for the work done under the original contract, where it further appeared that the original contract had been waived by the acceptance of a subsequent contract which plaintiff had wholly failed to perform; since the original contract had been rescinded, and quantum meruit cannot be awarded upon a total failure to perform the Substituted contract.</p>