W. R. Simmons & Associates Research, Inc. v. Ziff-Davis Publishing Co.

By this action the plaintiff seeks to recover the sum of $139,316 for services allegedly rendered to the defendant in conducting a market research survey in respect of various magazines published by the defendant. The plaintiff seeks recovery both on the basis of an express contract between the parties and on the basis of quantum meruit. The plaintiff alleges, as a first cause of action, that the parties entered into a written contract pursuant to which the defendant agreed to pay for the services of the plaintiff the sum of $126,000 plus or minus a specified contingency allowance. The…