Massey v. Greenabaum Bros.

Citations

• 21 Del. 20
• 5 Penne. 20
• 58 A. 804
• 1904 Del. LEXIS 17

Syllabus

<p>Assumpsit—Contract Executed—Performance—Common Counts— Recovery Thereon—Pleading.</p> <p>It is a general rule (subject to certain exceptions) that a party cannot recover in an action upon a contract, without showing performance of his part of the contract; but in an action upon the common counts for goods sold and delivered, for money paid for the use of the defendant, and for work and labor, when the contract is executed, and nothing further remains to be done on the part of the plaintiff, he may sue and recover upon the common counts.</p>