Legal Opinion

John L. Rayward v. Joachim Silbermann

Court of Appeals for the Second Circuit

Decided February 10, 1966No. 147, Docket 29951PublishedCited by 1 opinion

1Opinion of the Court

LUMBARD, Chief Judge:

John L. Rayward appeals from a judgment for the defendant, Joachim Silber-mann, in a diversity action wherein he sought to recover compensation for services as a finder either under an oral contract or in quantum meruit. The trial judge dismissed the contract claim at the conclusion of Rayward’s proof, on the ground that recovery on the oral agreement would be barred by the Statute of Frauds and because Rayward had failed to show that he had performed as he had not found the purchaser. On the second count, for quantum meruit, the jury found for the defendant. We affirm…

2Cases cited3 opinions

  1. Nat Nal Service Stations, Inc. v. WolfNew York Court of Appeals · 1952
  2. Ames v. Ideal Cement Co.New York Supreme Court · 1962
  3. Wells v. DentAppellate Division of the Supreme Court of the State of New York · 1957

3Cited by1 opinion

  1. Georgie Porgie Co. v. LinkDistrict Court, S.D. New York · 1971

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