Volume 226 — Maryland Reports

QUANTUM MERUIT — <italic>Where Appellants Received And Retained</italic><italic>Appellee's Labor, Services And Materials, Appellee Is Entitled To</italic><italic>Recovery To The Extent That They Are Worth</italic>. This controversy is over the unpaid balance of the cost of a new kitchen which the appellants had engaged the appellee to construct for them. The appellants argue that the work was never completed and was not accepted by them, and therefore the appellee may not have a<italic>quantum meruit</italic> recovery. The Court stated the rule that where a defendant has actually received and retained the benefit of work and labor done or materials supplied to him, which he has ordered, although not done or supplied in precise conformity with those orders, the law implies an obligation to pay for the net benefit received, and the common count for work and labor done will lie to enforce that obligation to the extent that, under the circumstances, the labor, services or materials are fairly worth. In the instant case, the Court <italic>held</italic> that the evidence was sufficient to permit the trial court's finding that there had been substantial completion of the work in good faith and that the appellants had received and utilized the benefits of the appellee's labor, services and materials. pp. 582-583 DISCOVERY — <italic>Determination As To When Discovery Should Cease Is</italic><italic>Within Trial Court's Discretion</italic>. The determination by a trial court as to when discovery should cease would ordinarily<page_number>Page 581</page_number> seem to rest in the exercise of its sound discretion. It was<italic>held</italic> in the instant case that there had been no abuse of that discretion. The appellants did not except nor otherwise press the point after the trial judge's ruling that there would be no further discovery in the case, and did not indicate what information, not already revealed by the particulars and answers to interrogatories, they were seeking. pp. 583-584 H.C. <italic>Decided November 7, 1961</italic>.