
    12419.
    Shropshire v. Heard.
    Decided June 30, 1921.
    Complaint; from city court of Macon — Judge Gunn. March 23, 1921.
    
      Hatcher & Smith, for plaintiff.
    
      T. A. Jacobs Jr., W. A. McClellan, for defendant.
   Broyles, C. J.

The plaintiff sued on an alleged express contract, and his proof failed to show such a contract; and having sued on an express contract, he was not entitled to recover on a quantum meruit. The court, therefore did not err in awarding a nonsuit.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.  