The  debt  or  promise  implied  upon  an  executed  eonsidera-  Implied
tion,  whether  wholly  or  in  part  executed,  is  measured  in  pay  value
amount  by  its  money  value.     This  value  is  presumptively  coSdera^-
that  put  upon  it  by  the  parties,  as  in  the  case  of  a  fixed  *^™-
charge  for  services  or  a  fixed  price  for  goods ;  but  if  there  is
no  agreed  value,  it  is  assessed  in  an  action  by  the  court  or  a
jury  at  so  much  as  the  consideration  was  worth  at  the  usual
rate   of   remuneration.     This   value   is   commonly  called   a
quantum  meruit  for  work  and  services,  and  a  quantum  valehat
for  goods  and  materials,  and  was  formerly  so  charged  in
pleading  where  no  fixed  price  could  be  proved  (/) .     Any
proved  imperfection  or  deficiency  in  the  work  or  goods  may
be  taken  into  consideration  in  estimating  the  value  {g).
(a)  San-ison  v.  James,  7  H.  &  N.  L.  R.  29  C.  D.  170  ;  54  L.  J.  C.  586.
804  ;  31  L.  J.  Ex.  248.  And  see  post,  p.  92.
(b)  James  v.  Cotton,  1  Bing.  266.  («)  Featherstonhaugh  v.  Turner,   25

(c)  Lee  T.  Page,  30  L.  J.  C.  857 ;  Beav.  382  ;  28  L.  J.  C.  812  ;  Sooke
7  Jut.  N.  S.  768.  See  Wilsmi  v.  v.  Nisbet,  50  L.  J.  C.  588.  See  the
Johnstone,  L.  E.  16  Eq.  606  ;  42  L.  J.  Partnership  Act,  1890,  s.  40.
C.  668;  Bluck  v.  Capstick,  L.  K.  12  (/)   1    Chitty   on  Pleading,    341,

C.  D.  863 ;  48  L.  J.  C.  766.  6th  ed. ;  2  Wms.  Saund.  122,  notes

{S)  Astle  V.  Wright,  33  Beav.  77  ;  to  Webber  v.  Tivill.
