Legal Opinion
Marketing Specialists, Inc. v. Bruni
District Court, W.D. New York
Decided December 22, 1989No. Civ. 88-960TPublishedCited by 6 opinions
1Opinion of the Court
OPINION AND VERDICT
KENNETH R. FISHER, United States Magistrate.
Plaintiff seeks recovery for breach of contract, breach of implied contract, in quasi contract, and in quantum meruit. The defendant pleads different terms of the contract and a breach by plaintiff of the contract, he admits unilateral termination of the contract (albeit by reason of plaintiffs breach), and he alleges that the contract is unenforceable because of illegality. Defendant counterclaims for “at least $40,-000. 00” which sum is said to be comprised of (A) funds misappropriated by plaintiff and (B) the loss attending…
2Cases cited79 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- Walker v. SheldonNew York Court of Appeals · 1961
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
74 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Turner v. Hudson Transit Lines, Inc.District Court, S.D. New York · 1991
- Joseph v. David M. Schwarz/Architectural Services, P.C.District Court, S.D. New York · 1997
- Robert S. Nusinov, Inc. v. Principal Mutual Life InsuranceDistrict Court, W.D. New York · 2000
- Food Lion, Inc. v. Capital Cities/ABC, Inc.District Court, M.D. North Carolina · 1996
- J.B. Sterling Company v. VerhelleDistrict Court, W.D. New York · 2020
1 more not listed; retrieve them via the Exa API.