Walsh v. Jenvey

Citations

• 85 Md. 240
• 36 A. 817
• 1897 Md. LEXIS 35

Syllabus

<p>Common Counts in Assumpsit — Special Contract — Recovery for Work Not Done in Conformity with the Contract — Measure of Damages — Assumption of Fact in a Prayer.</p> <p>Where a special contract has been performed an action to recover compensation lies upon the common counts in assumpsit, and the measure of damages will be the price fixed by the special contract.</p> <p>The objection that a prayer assumes a fact will not be considered on appeal, unless a special exception to the prayer on that ground was taken at the trial.</p> <p>The contract between plaintiff and defendant was that the former should clean and bind a quantity of books for a certain price. The work was done and the books delivered to the defendant, who claimed that the binding was not properly done. Held, that if the defendant accepted the books, although the binding was not done in the manner contracted for, yet the plaintiff is entitled to recover such sum as his work and materials were actually worth, not exceeding the price fixed by the contract.</p> <p>In such action, a prayer which does not restrict the plaintiff’s recovery to the contract price is erroneous, and a judgment for a greater amount will be reversed.</p>