Supreme Court of Vermont January 15, 1847 (Myrick v. Slason)

The opinion of the court was delivered by

Redfield, J.

There can be little doubt, perhaps, at this day, that, when a party performs labor under a special contract, but not in such a manner, or at such a time, as to entitle him to recover under the contract, he may nevertheless recover, in general assumpsit so much, only, as the labor is worth to the defendant.