16.740 Contracts; Quantum Meruit; Not Applicable Where Express Contract Exists | Pdf Doc Docx | Georgia_JI

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16.740 Contracts; Quantum Meruit; Not Applicable Where Express Contract Exists | Pdf Doc Docx | Georgia_JI

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16.740 Contracts; Quantum Meruit; Not Applicable Where Express Contract Exists

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16.740 Contracts; Quantum Meruit; Not Applicable Where Express Contract Exists When an express contract between the parties exists, then the value of such services and other terms will be set by it, and the plaintiff would not be authorized to recover on quantum the original written contract. Venture Construction Company v. Great American Mortgage Investors, 134 Ga. App. 440, 444 (1975) Rushing v. Jones, 68 Ga. App. 300 (1942) Recovery may be authorized in quantum meruit when a party receives benefits in part performance that exceed damages incurred by failure of full performance. Southern Railway Company v. Branil, 9 Ga. App. 310, 312 (1911)

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