Common Counts
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
Certain general counts, not founded on any special contract, which are introduced in a declaration, for the purpose of preventing a defeat of a just right by an accidental variance in the evidence. These are, in an action of assumpsit, counts founded on implied promises to pay money in consideration of a precedent debt, and have been variously classified. Those usually comprehended under the term are: — 1. Indebitatus assumpsit, which alleges a debt founded upon one of the several causes of action from which the law implies a, promise to pay, and this is made the consideration for the promise to pay a sum of money equivalent to such indebtedness. This covers two distinct classes: — a. Those termed money counts, because they related exclusively to money transactions as the basis of the debt alleged: (1) Money paid for defendant's use. (2) Money had and deceived by defendant for the plaintiff's use. (3) Money lent and advanced to defendant. (4) Interest. (5) Account stated. b. Any of the usual states of fact upon which the debt may be founded, the most common being: (1) Use and occupation. (2) Board and lodging. (3) Goods sold and delivered. (4) Goods bargained and sold. (5) Work, labor, and services. (6) Work, labor, and materials.
2.
Quantum meruit.
3.
Quantum valebant.
See Assumpsit.