Alfred M. Sampter v. Dilbert's Quality Supermarkets

[10 A.D.2d 695 Page 695] The case was given to the jury upon two theories (1) express contract under which plaintiff could recover 5% of the net
moneys accruing to the defendant from the underwriting and (2) quantum meruit. While there may be some evidence to support
a finding that there was an agreement to pay the plaintiff 5% of a sum up to $500,000 there is insufficient evidence to support
a finding that there was such an agreement with respect to the sum of money ultimately received by the defendant. It appears
from the colloquy between court and jury that the verdict was based upon an express agreement, but there is a possibility
that the jury arrived at its decision on the theory of quantum meruit. If the jury found an express [10 A.D.2d 695 Page 696]