(DOWNLOAD) "Williams v. Pacific Royalty Co." by United States Court of Appeals Tenth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Williams v. Pacific Royalty Co.
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 26, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The appellant sued appellee on two counts, both to recover a balance of $23,008.47 for labor and material furnished and services rendered by appellant for the use and benefit of appellee at its special instance and request. The first count is said to sound in express or implied-in-fact contract; the second in quasi contract as for unjust enrichment. Point is made of inconsistencies of the two legal theories with the suggestion that a choice should have been required. But we are not concerned with the nicety of pleaded legal theories. It is enough that both counts, considered separately or together, state a claim on which relief can be granted, and we are therefore interested to know whether the proof supports either or both theories, whether inconsistent or not. Blazer v. Black, 10 Cir., 196 F.2d 139; Vrooman v. Beech Aircraft Corp., 10 Cir., 183 F.2d 479; Siegleman v. Cunard White Star Limited, 2 Cir., 221 F.2d 189.