First Place, Inc. v. Douglas Toyota III, Inc.

CROW, Judge.

Plaintiff First Place, Inc., filed a two-count petition against defendant Douglas Toyota III, Inc. Each count was an independent claim unrelated to the other count. The trial court entered summary judgment for defendant on Count II. Trial by jury on Count I produced a $9,240 judgment for plaintiff. Defendant appeals from the judgment on Count I. Plaintiff did not appeal from the judgment on Count II.

Count I was submitted to the jury on a quantum meruit theory, i.e., that plaintiff— an employment agency — furnished service to defendant in searching for and locating a person to fill…