Fill and Sign the Complaint Petition or Declarationon Quantum Meruitgeneral Form

IN THE ___________COURT OF ___________ (County), ___________ (State) _________________ (Name of Plaintiff) PLAINTIFF V. CAUSE NO. _____, ______ _________________ (Name of Defendant) DEFENDANT COMPLAINT COMES NOW ________________________ (Name of Plaintiff), Plaintiff in the above-styled and numbered cause, by and through his attorneys, and files this Complaint against Defendant, ______________________ (Name of Defendant), and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff _______________________ (Name of Plaintiff) is an adult resident citizen of _______________________________ (city, county, state). 2. Defendant _________________________ (Name of Defendant), is an adult resident citizen of ___________________________ (city, county, state). 3. On _________________ (date), in _________________ (Name of County), _________________ (Name of State), Defendant promised to pay to Plaintiff, on request, for the work, labor, and services performed on that date by Plaintiff on behalf of Defendant. 4. The reasonable value of the above-mentioned services is $__________, and Defendant then and there had notice of that amount. 5. Plaintiff has demanded that Defendant pay the sum mentioned above, but Defendant refused, and continues to refuse, to pay Plaintiff any part of it.
(6) that on (date), in (name of county), (name of state), plaintiff and (name of defendant) were mutually interested parties in a common carrier contract as agents of a common carrier, and that defendant intended to carry on the common business of delivering goods and passengers for hire to persons for (city, county, state, country). 6. That while in the performance of his duties as agent of such common carrier defendant acted without bias and discrimination and was not guilty of any negligence, reckless disregard of the rights of others, willful misrepresentation or false statements of fact. 7. That at the time defendant promised to pay money for the performance of acts by plaintiff which he was then required to do as an agent of such common carrier, he knew or should have known of plaintiff's inability to pay this money or of the non-performance of such performance. 8. That plaintiff and (name of plaintiff) had previously agreed that in the event of failure by plaintiff to perform any of the terms and conditions of the contract or failure to deliver any goods or passengers in a reasonable time, the amount he promised plaintiff for the performance of such performance could be considered contingent upon plaintiff's making such payments during any reasonable period of time, but not later than the latter of the first day of (date) and (date). 9. That defendant and, to the extent applicable, defendant's successor in interest, as principal and agent of such common carrier, were in fact obligated during the period of the contract to make and pay in full the amount stated above, not later than (date) and (date) respectively, and as soon as reasonably practicable thereafter. 10. That the payment of the above stated sum by defendant as such agent of the common carrier was made, in consideration of the promise to pay plaintiff for the time of such performance and other services during the same period, to plaintiff, the agent and subagent of plaintiff, in consideration of being paid an amount in addition to those stated above. 11. That plaintiff had an obligation to pay him and, to the extent of such obligation, defendant an additional amount of money equal to half of the stated sum, payable upon receipt of such goods or passengers and not earlier than (date) and (date). 12. That defendant failed to perform his obligations under the contract. 13. That the contract was unenforceable by reason of: (a) the existence of a written promise to pay, dated, according to the plaintiff's own.