James A. Geller v. The New England Industries, Inc., and Standard Development Co., Inc.

I agree that the judgment appealed from cannot stand and . that there must be a new trial. However, because it is not at all clear to me how the jury arrived at the unimaginative figure of $100,000, and because the facts below were not developed with crystalline clarity, I am more hesitant than my brothers to set guidelines for the retrial.

I would only suggest that, on retrial, counsel exercise greater diligence in establishing the proof necessary for a recovery in quantum meruit. Where, as here, plaintiff claims to have represented both buyer and seller, his recovery, if any, against the…