Quantity

In pleading. That which Is susceptible of measure. It is a general rule that, when the declaration alleges an injury to goods and chattels, or any contract relating to them, their quantity should be stated. Gould, PI. c. 4, § 35. And in actions for the recovery of real estate, the quantity of the land should be specified. Bracton, 431a; 11 Coke, 25b, 65a; Doct. Plac. 85, 86; 1 East, 441; 8 East, 357; 13 East, 102; Steph. PL 314, 315. QUANTUIVI DAMNIFICATUS (Lat.)

In equity practice. An issue directed by a court of equity to be tried in a court of law, to ascertain by a trial before a jury the amount of damages suffered by the nonperformance of some collateral undertaking which a penalty has been given to secure. When such damages have thus been ascertained, the court will grant relief upon their payment. 4 Bouv. Inst, note 3913. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services as much as he may deserve or merit. In such case, the plaintiff may suggest in his declaration that the defendant promised to pay him as much as he reasonably deserved, and then aver that his trouble was worth such a sum of money, which the defendant has omitted to pay. This is called an assumpsit on a quantum meruit. 2 Bl. Comm. 162, 163; 1 Viner, Abr. 346; 2 Phil. Ev. 82. QUANTUM TENENS DOMINO EX HOmagio, tantum dominus tenenti ex dominie debet praeter solam reverentiam; mutua debet esse dominii et homiagi! fldelitatis connexio. As much as the tenant by his homage owes to his lord, so much is the lord, by his lordship, indebted to the tenant, except reverence alone; the tie of dominion and of homage ought to be mutual. Co. Litt. 64. QUANTUM VALEBAT (Lat. as much as it was worth).

In pleading. When goods are sold without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth. The plaintiff may, in such case, suggest in his declaration that the defendant promised to pay him as much as the said goods were worth, and then aver that they were worth so much, which the defendant has refused to pay. See the authorities cited under the article "Quantum Meruit." QUARANTINE In Maritime Law. The space of forty days, or less, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infected with disease are required to remain on board after their arrival, before they can be permitted to land. The term is applied in modern usage to any isolation by law of infected persons or places. In Real Property. The space of forty days, during which a widow has a right to remain in her late husband's principal mansion immediately after his death. The right of the widow is also called her "quarantine." QUARE (Lat.)

In pleading. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory; and therefore, when a declaration began with complaining of the defendant, "wherefore with force, etc., he broke and entered" the plaintiff's close, it was considered ill. Bac. Abr. "Pleas" (B 5, 4); Gould, PL c. 3, § 34.

Applied to an estate, denotes the duration and extent of the tenant's interest as whether for years, for life or in fee. tain the amount of damages. Qiiantnm mernit: as much as he deserved; the common count for work and labor. Qnantmn valebant: as much as they were worth; the common count for goods sold and delivered.

See About, 3; Description, 1; Divers; Estimate; More or Less; Quantum.

pleading. That which is susceptible of measure. It is a general rule that, when the declaration alleges an injury to goods and chattels, or any contract relating to them, their quantity should be the land should be specified. Bract 431, a; 11 Co. 25 b, 55a; Doc. Pl. 85, 86; 1 East, 441; 8 Eas, 357; 13 East, 102; Steph. Pl. 314, 315.