George E. Westberg Company, Inc. v. The Quaker Oats Company and Burry Biscuit Corporation

Plaintiff appeals from a summary judgment dismissing its claim for compensation, allegedly due upon an implied contract, for services allegedly rendered to the defendant Burry Biscuit Corporation. Plaintiff claims to have provided, at Burry’s request, the opportunity for a sale of Burry’s business and assets to the defendant The Quaker Oats Company. Although The Quaker Oats Company is joined as a party defendant, plaintiff concedes upon this appeal that any claim it has against Quaker is dependent upon its primary claims against Burry, and must be dismissed if the claims against Burry fail.

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