Solutec Corp. v. Young & Lawrence Associates, Inc.
| Decision Date | 05 February 1971 |
| Docket Number | No. 69--684,69--684 |
| Citation | 243 So.2d 605 |
| Parties | SOLUTEC CORPORATION, a Florida corporation, Appellant, v. YOUNG & LAWRENCE ASSOCIATES, INC., a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
George W. Phillips, Tampa, for appellant.
Eli H. Subin of Roth, Segal & Levine, Orlando, for appellee.
Appellant was defendant who suffered an adverse judgment following a jury trial in an action for quantum meruit. Reversible error has not been shown and we therefore affirm the judgment.
Defendant is an embryo corporation possessing patents for certain technical equipment which it proposed to manufacture and market. Lacking any sales organization or marketing know-how, defendant employed the plaintiff corporation as a marketing consultant and its national sales representative. The technical nature of the product involved required the plaintiff to perform various services such as preparing technical manuals for the sales force, technical training for salesmen, outlining an advertising and promotion program, and consulting with the defendant on production schedules and prices. These services commenced in late 1966 and continued through December, 1967, at which time they were terminated. The parties never reached an agreement as to the compensation the plaintiff would receive for such services. When the plaintiff was originally employed, its president, Mr. Young, submitted in writing an offer to perform these various services for a fixed retainer of $5,500, plus 20% Commission on gross sales. This written offer in the form of a letter dated September 8, 1966, was never accepted. Despite the plaintiff's efforts no sales resulted up to the time the services were terminated in December, 1967, nor had the defendant paid plaintiff any compensation for the services performed.
The suit as originally filed was in two counts, the first alleging an express oral agreement as outlined in Mr. Young's written offer of September 8, 1966, and the second count seeking recovery on a theory of quantum meruit for the reasonable value of the services furnished. Defendant's answer denied that there was an express agreement between the parties and at trial, plaintiff abandoned Count One proceeding to trial solely on the theory of quantum meruit. Evidence offered by the plaintiff included testimony as to the nature and extent of the services performed, and opinion testimony as to the reasonable value of such services. The jury verdict was within the range of such opinion testimony.
Appellant's first point is that in a suit based on quantum meruit, the plaintiff cannot recover compensation which is not reasonably implied by the circumstances to have been agreed upon by the parties. The point presents a contradiction in itself and is without merit. Any proof of an express agreement between the parties as to the compensation to be paid for the services rendered would defeat rather than sustain an action based upon quantum meruit which is, of...
To continue reading
Request your trial
-
Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., Inc.
...v. State, 677 So.2d 935, 937 (Fla. 4th DCA 1996); Dean v. Blank, 267 So.2d 670 (Fla. 4th DCA 1972); Solutec Corp. v. Young & Lawrence Assoc., Inc., 243 So.2d 605, 606 (Fla. 4th DCA 1971). A contract implied in law, or quasi contract, is not based upon the finding, by a process of implicatio......
-
In re Standard Jury Instructions—Contract & Business Cases
...v. State, 677 So.2d 935, 937 (Fla. 4th DCA 1996); Dean v. Blank, 267 So.2d 670 (Fla. 4th DCA 1972); Solutec Corp. v. Young & Lawrence Associates, Inc., 243 So.2d 605, 606 (Fla. 4th DCA 1971). .... For example, a common form of contract implied in fact is where one party has performed servic......
-
Excess Risk Underwriters v. Lafayette Life Ins.
...the subject matter of the contract is not the same as the subject matter of the parties' dispute. See Solutec Corp. v. Young & Lawrence Assoc., Inc., 243 So.2d 605 (Fla. 4th DCA 1971) (holding that proof of an express agreement between the parties as to compensation for services rendered pr......
-
Thunderwave, Inc. v. Carnival Corp.
...and efficient in attaining the ends of justice") (quoting 29 Fla.Jur.2d, Injunctions § 18); Solutec Corp. v. Young & Lawrence Associates, Inc., 243 So.2d 605, 606 (Fla. 4th DCA 1971) (conclusive proof of a valid express contract precludes suit for quantum meruit, since "the law will not imp......