.  You and I enter into a written contract:  I’ll clean your house
(Monday-Friday) for one year, at the end of which time, I receive
$100,000 (assume that there are no other contract terms).  I work for
you for 6 months, doing an exceptional job – in fact, you’ve written
letters for me to that effect.  However, after six months, I feel that
it is time to move on.  I tell you such and now ask you for $50,000. 
You say “No way, read the contract -- you don’t get paid anything yet.
 You need to work here one full year to receive $100,000.”

If I file a Breach of Contract Complaint against you, I probably will
not win.  However, there’s another cause of action which could prove
successful.  Identify the best (one) cause of action I could file
against you to prove to the court that I deserve the $50,000.  Explain
your answer

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Request for Question Clarification by tutuzdad-ga on 22 Feb 2003 07:19 PST

In each case (all three questions) you can save some dialogue time by
mentioning the specific jurisdiction you are in (country, state,
county, province, etc).

Regards;
tutuzdad-ga

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Clarification of Question by mike5-ga on 22 Feb 2003 09:39 PST

all the case should suppose to be happened in Gerogia state. thanks for help.

Hello and thank you for your question.

The cause of action that you are looking for is quantum meruit:
"quantum meruit- recovery of the reasonable value of services
performed"
Hammer, Contracts Outline 2000
http://www.law.umich.edu/JournalsandOrgs/rg/outlines/k_hammer.doc

As Prof. Hammer's outline explains, the common law evolution of
quantum meruit was allowed in an assumpsit pleading (in the old days
it was critical to fit one's cause of action into one of the common
law forms of pleadings).  Nowadays quantum meruit is an accepted part
of an action for restitution:
"-	It became common to speak of two types of implied contracts that
were actionable in assumpsit, one being “implied in fact” and the
other “implied in law” (quasi contract).
-	Restatement then called implied in law or quasi contract...
restitution.
-	The Restatement of Restitution strictly states the basis of
liability as follows:  A person who has been unjustly enriched at the
expense of another is required to make restitution to the other.  This
formula identifies two elements that are central to restitutionary
recovery; enrichment under circumstances where the retention of
benefits would be unjust."
Id.

So in explaining why quantum meruit is appropriate, you would explain
that even absent a specific agreement that partial payment would be
allowed for partial performance, the court will create an implied
contract between the parties to that effect, since otherwise I would
be unjustly enriched.

That's the reasoning that underlies the correct answer to the
following question:
Q. The contract between Eddy and Flo requires Eddy to repaint Flo's
house and requires Flo to pay Eddy $300 per day for each day Eddy is
painting. Eddy estimates that the job will take 3 days. Which one of
the following statements is correct?
A. If at the end of the second day, Eddy informs Flo that he is sick
of painting and wont be back, then Flo will still have to pay Eddy for
his work if she accepts Eddy's partially complete painting job.
Law Quiz (Contract 101)
http://www.tulip.per.sg/LawQuiz.doc

There does not appear to be any statute unique to Georgia in this
case, since a search of the Georgia statutes only turns up a reference
to 'quantum meruit" in one, inapplicable, case:
Georgia General Assembly Unannotated Code 34-9-108
http://www.legis.state.ga.us/legis/2003_04/gacode/34-9-108.html

Clearly, quantum meruit is recognized in Georgia - - the principle is
cited the in the official answers to the Georgia bar exam:
"Contracts to make a will or leave property a certain way are
enforceable if a signed writing is made evidencing this intent. They
are enforceable by quantum meruit or by specific performance."
July 1999 Bar Exam
http://www2.state.ga.us/courts/bar/bar799a.htm

Search terms used:
georgia statutes contract
unilateral contract "quantum meruit"
georgia contract "quantum meruit"

Thanks again for your question.  If you find any of the above to be
unclear, please request clarification.  I would appreciate it if you
would hold off on rating my answer until I have an opportunity to
respond.

Sincerely,
Google Answers Researcher
Richard-ga

thanks a lot.