Fred McGilvray, Inc. v. Delphian Group, Inc.

The defendant Fred McGilvray, Inc. (“McGilvray”) appeals an adverse final judgment entered upon a jury verdict in a suit for a brokerage commission brought below by the plaintiff mortgage broker, The Delphian Group, Inc. (“Delphian”). The suit below was originally brought on breach of contract and quantum meruit theories, but at the outset of trial, the plaintiff Delphian abandoned its breach of contract count and proceeded solely on its quantum meruit count. The ensuing verdict and final judgment were therefore based entirely on a quantum meruit theory. The defendant McGilvray urges as its…