Robbins v. Frank Cooper Associates

Since we find that the Trial Judge submitted a single issue to the jury, viz.: whether there was a contract implied in fact, the proper measure of damages is reasonable value.

In this case the parties negotiated for the conveyance of the plaintiff’s property and failed to agree upon the terms. Since the property was thereafter taken and made valueless for its owner, the law imposes an obligation to pay its reasonable value where the parties dealt with each other in the context of an intention of payment for its use. (Healey v. Macy & Co. 251 App. Div. 440, affd. 277 N. Y. 681; La Varre v.…